reason to challenge election in Florida

Our board was petitioned in late Nov to hold a special meeting to discuss the use of a general proxy that could allow the board secretary to act as proxy if no one else was named. The community pressed for the use of a limited proxy that had three lines at the bottom for the individual to write in the names of the candidates that they wanted the proxy to vote for . The board unanimously voted in favor of the new proxy . The next day the board treasurer who is married to the president and who was not present at the meeting the night before became furious that the proxy was changed . Claiming that someone in the community emailed the board attorney she called for a special Sat early morning meeting of the board ; no members of the community were present . Three hours later the board called for a meeting of the community at the clubhouse to say that the proxy was going to be changed back to the original one because the attorneys felt that there was too much confusion regarding different proxies . The treasurer and members of the nominating committee then began an all out race to solicit as many proxies as they could . On the night of the election the nominating committee kept all of the proxies at a separate table while the ballots were being counted . When someone in the audience asked where are the proxies on member of the nominating committee shouted out oh we already counted them.

My question ; do you guys especially you living in Florida feel that we have grounds to challenge the election under Florida state statutes ?
Thanks for your help

the general proxy did not have a place for the voter to list names ; the person acting as proxy had to be trusted to vote as the person instructed them to do
our proxy was the one with the three lines which would force the person acting as proxy to place the names of the candidates indicated on the ballot on election night

By holding the Sat am meeting without community participation and voting to change the proxy back to the general form against the will of the community the election in effect became a proxy solicitation race and was over before the votes were even counted . Every one of the incumbents was elected easily.

I obtained the minutes after sending a certified return receipt requested letter to the board secretary . In the minutes the treasurer states that "someone" contacted the board attorney by email complaining about confusion about which proxy to use. This is what prompted the treasurer to call the meeting and have a conference call with the attorney at the community's expense which is estimated to have cost over $ 500 .

Marty,

I'm not even sure why you bothered to hold the meeting to discuss proxies in the first place. Typically, any type of written document that identifies who the member is and who the proxy is should be acceptable documentation to appoint a proxy.

If you allow proxies to be used, then the member may use any type of proxy appointment format that they wish. They would not be required to use a specific form provided by the Board (however, many members are unaware of this). The form, is simply a convenience and, unfortunately, a method that the Board may use to control the vote (especially when general proxies are used).

A proxy is actually the name given to an individual who has written authorization to act on your behalf. The document itself that names the proxies are often referred to as a proxy but is actually simply an appointment of proxy

The different types of appointment of proxy are:

General - A document instructing the Board to allow a specific individual to attend the meeting and vote on behalf of the member. This individual is free to cast your vote however they wish.

Directed - A document instructing the Board to allow a specific individual to attend the meeting and vote on behalf of the member. This document will also instruct the proxy to cast your vote a specific way.

Quorum Only - This is similar to a directed proxy as it's a document instructing the Board to allow a specific individual to attend the meeting on your behalf and to count them for quorum purposes only. The individual is basically instructed not to cast any vote on your behalf but to attend the meeting and be counted for the purpose of achieving a quorum.

Hope this helps,

Tim

"My question ; do you guys especially you living in Florida feel that we have grounds to challenge the election under Florida state statutes ?
Thanks for your help"

Why bother?

If you have enough support, i.e."...that we have grounds to challenge the election...", then let them have the election.

Once completed, decide who you (the 'we' above) want to remove and insert.
Execute a Director recall as per the FL SS and correct the problem(s).

I like and believe in Proxies. I also admit they are often used to "outfox" people and/or take advantage of their not properly understanding things. Many elderly people get confused when presented with one and do as they are asked/told by "the fox".

I like them as they are a method for one to vote without attending the meeting. They are also a method for one to collect votes to use for their support. They are like a dual edge sword in that they can cut both ways.

The ultimate Proxy usage is to "outfox" the fox. Like collect ones dated later as they override the original ones. I saw someone get caught this way. The "fox" thought he had the vote sewed up with his proxies. He was so smug when he presented them to the Election Committee until someone (part of my faction) stepped forward with later dated ones. That smugness on the fox's face soon disappeared. He got beaten at his own game. I loved it.

the best method in my opinion is the ballot and envelope system . period. all residents including snow birds are mailed an election packet at the end of Oct . It includes: candidate bios ; a ballot with candidate names in alpha order with no mention of incumbency ; a small envelope marked ballot ; a larger envelope with the homeowner name and address in upper left and HOA address on center . You fill out your ballot ; place it in the small envelope . If attending the annual meeting in person you bring it with you . After listening to candidate presentations your mark your ballot and place it in the ballot box. If not attending the mtg. in person you mail it to the HOA mailbox or give the sealed envelope to your neighbor to bring to the mtg. for you. This method eliminates proxy soliciting and will greatly increase voter participation. Yes it will annoy the cheaters and the Nominating Committee members [ can you say Jim Crow ] who want to keep the status quo ad infinitum but so be it .

The meditation process may still require you to pay the opposing side's legal fees. If I Am not mistaken, changes to the law give the Department of Business and Professional Regulation stone authority over election matters.

I tried mediation. My board remained silent daring me to file suit. I have not done so .!i found the statute that is being violated - so far they have not agreed to follow the articles dealing with the number of directors. One more chance then
I will report them to the attorney general - no insurance will cover this.

John

Thank you for your kindness - my point was that in Florida mediation is not a slam dunk and if there are other ways they should be considered as well.