PatrickT (Florida)
Posts: 3
Posts: 3
Posted:
if an owner is 90 days late on fees at the time of submitting election form is this form valid?thanks
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eligibility election
Started by PatrickT • 5 replies • 1193 views
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SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
What do your ccr/bylaws say? If they dont say anything, I would assume its valid.
PatrickT (Florida)
Posts: 3
Posts: 3
Posted:
bylaws dont say anything, im referencing 720.306 9 b
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Hi Patrick...
The section you reference is addressing eligibility for BOD membership. see below....
However, in section 720.305 (4), it does address suspensions of voting rights should any monetary obligation be more than 90 days delinquent. Most important... read 720.305 (5) which addresses the suspension procedure. It is not automatic. see below....
HTH,
Ann
720.306- 9b.... A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. etc etc.
720.305 (4).... An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. etc etc.
720.305 (5) All suspensions imposed pursuant to subsection (3) or subsection (4) must be approved at a properly noticed board meeting. etc etc.
The section you reference is addressing eligibility for BOD membership. see below....
However, in section 720.305 (4), it does address suspensions of voting rights should any monetary obligation be more than 90 days delinquent. Most important... read 720.305 (5) which addresses the suspension procedure. It is not automatic. see below....
HTH,
Ann
720.306- 9b.... A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. etc etc.
720.305 (4).... An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. etc etc.
720.305 (5) All suspensions imposed pursuant to subsection (3) or subsection (4) must be approved at a properly noticed board meeting. etc etc.
PatrickT (Florida)
Posts: 3
Posts: 3
Posted:
was hoping the statutes would be more clear about wether an election form could be denied or not if someone is not qualified.Thanks
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
Posted By PatrickT on 08/20/2013 8:47 AM
was hoping the statutes would be more clear about wether an election form could be denied or not if someone is not qualified.Thanks
was hoping the statutes would be more clear about wether an election form could be denied or not if someone is not qualified.Thanks
How I read it: I suppose you could deny their voting rights, but you would have to suspend their voting rights with a board meeting prior to the owner voting. If they already voted, and then you suspend their voting rights, their vote is still valid, but future votes would not be.
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