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Board of directors election postponed with a technicality to prevent the final result form happening.

Started by LitleangelR1 replies • 1363 views

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LitleangelR (Florida)
Posts: 5
Posted:
Good evening! this is my first posting though i have been reading all of you with excelent topic , i haven't found on other HOA websites congrats. mMy concern i sthe fallowing. I am a candidate, though i have been a board member beforeat this time for the firstttime in four years since our turn over began, the process was plaged with many irregular ties; I.e.No r4egistration of the membership was allowed, those of us who brough proxies were not allwed to sign beside the name of th e homeowner authorizing us to vote on their behalf, NO call for quorum, NO official m mention of how many people were there present, either in person or by proxy. in our state there is the chapter 720-300 HOA law Florida Statutes and Chapt. 718 Condominium law Florida statutes that has also been in our case the " HOA" ignored. then th eHOA atorney called to call the meeting atjourn alluding that there were insuficient proxies ( never mentioned the ammount of proxi's one hand and the peple present on th eother. He also mentioned that the bylaws say that we have 90 days wr within the time frame to postpone the meeting "Annual elections meeting. I learned that most of the proxyis were on my behalf. Even if I dont mind a postposiition of such event, i am highly concern about the proxies, I always have been as th elast two years i have learned what they have done withthem. finally as for the bylaws concern the developwer has erratically and itnntionally amended our bylaws four times without the membership consent recording such amendments on our county recoerds as truth full while it appears that we have not one, not two but four different bylaws and that is not the intent expressed by the incorporator when our HOA was first incorporoated. plase advise. we were told that the proxies will still be valid, while the new law or amendments will come into effect on July th efist . thank you>
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Welcome to our forum... Your post was a little hard to read so I will do my best to address what I think is your main issue. You are now no longer developer controlled and run by the owners correct? Which means your HOA can simply re-write your CC&R's to what you want them to be. It's most likely NOT By-laws you are referring to as those do not typically require filing anywhere. Those are the HOA's internal documents and can be changed more easily.

I'd suggest reading your CC&R's and by-laws to see what it takes to make the changes. You also want to talk to the lawyer about drafting new ones. Especially the parts referencing the developer and the old voting system that existed when he had it. You no longer need that voting structure and references to the developer.

This may help you some. A HOA is managed by it's members for it's members. If you want better rules, then get together and change them. Good luck!

Former HOA President

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