Voting question from Florida

Started by LauraB5 • 16 replies • 1417 views

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LauraB5 (Florida)
Posts: 5

Posted:

I was issued a pool violation that has been resolved before a hearing committee. The board elected for a 90 day suspension, but the hearing committee elected a 30 day suspension. While I feel the violation is really an issue of selective enforcement, now a lot of homeowners want me back on the board. I'm current on my dues, but worry that because my suspension isn't over until May 1st I may not be able to run. Please advise if you can..thanks so much!! I live in Florida, and our annual meeting is up on May 1st. Officers don't change over until after May 1st though.

RwT (Florida)
Posts: 154

Posted:

LauraB5,

Florida statute 720.306 (9)(b) states in part:

"(b) 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. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board..."

THEREFORE it must be in your association documents to extend BOD member disqualification beyond the Florida Statutes.

* Non-Lawyer spokesperson.

LauraB5 (Florida)
Posts: 5

Posted:

Hi there,

Thanks for responding...It does state in my association documents that the property owner can not be in a violation status. However, I was hoping that the stuatues took presidence. I'm fairly new to this so I apologize for soundly ignorant.

RwT (Florida)
Posts: 154

Posted:

LauraB5,

Well then it is up to the interpretation of your documents as 720.306 (9)(a), the prior paragraph, says in part:

"(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association..."

The statutes would only supersede if in conflict with your docs. or they were silent on any issue.

This is not professional advice.

* Non-Lawyer spokesperson.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I'm not at all in the lagal profession, but because you were suspended and still are, I cannot see how you are "in violation status" any longer. The violation has been resolved.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CarolR11 on 04/24/2014 12:49 PM
I'm not at all in the lagal profession, but because you were suspended and still are, I cannot see how you are "in violation status" any longer. The violation has been resolved.

I agree. You are no longer in violation. You have been found guilty and you are "serving" your time.

LauraB5 (Florida)
Posts: 5

Posted:

Thanks everyone..I will check the verbage and get back to you. I really appreciate all of your opinions.

RichardP13 (California)
Posts: 1,767

Posted:

Quote:

I, also am not in the legal profession, but my interpretation is because you are on suspension, or in jail so to speak, then you are not eligible until you have served your suspension.

RwT (Florida)
Posts: 154

Posted:

I see the logic in the positions that propose you are no longer in violation during the 'penalty' phase.

However, If the punitive action was a fine rather than suspension you could still be in 'violation' until you have paid.
Since your penalty phase has not yet elapsed (i.e. the check has'nt cleared) one could argue you could still be considered 'in violation'.

* Non-Lawyer spokesperson.

LauraB5 (Florida)
Posts: 5

Posted:

Thank you everyone...the votes were cast and I didn't make it onto the board. When dealing with proxy votes, and me being a write in on the ballot, I knew it was going to be difficult. I only missed it by a few too!! Darn it!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laura,

Sorry to hear that. However, I applaud you for being willing to serve.

Perhaps you can attend a board meeting and still volunteer for an Officer position. As an Officer you don't actually get to vote on decisions but you would be able to provide input to the issues. Additionally, by demonstrating the desire to serve, you may earn some support from other Board members.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Good try, Laura! Adding to Tim's remarks, your HOA also may need committee volunteers or you could be someone who'd like to form a committee and take a proposal to the Board.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By LauraB5 on 04/24/2014 9:59 AM
I was issued a pool violation that has been resolved before a hearing committee. The board elected for a 90 day suspension, but the hearing committee elected a 30 day suspension.

I do not understand this at all. What is being suspended? Your membership? Mandatory membership? Where does an association derive powers to do that?

LauraB5 (Florida)
Posts: 5

Posted:

Our pool rules do not allow glass at the pool. They stated because I broke this rule, I would have my pool key suspended for 90 days. I contested because I really believed it was a direct case of selective enforcement and had a hearing in front of a committee, which in turn gave me a 30 day violation. My by-laws do state that if a pool rule is broken the board can issue a "reasonable" amount of suspension. Considering I've never received a violation ever (living here for over 10 years), I felt 90 days was too harsh. There are many, many more details but I'll spare you...lol.

The problem is that there are a few, not all, people on the board that have just gotten completely power hungry. They abuse property owners at meetings by screaming and yelling at them, as well as "patrol" the neighborhood and yell at kids. I don't know what our rights are, I haven't sat on the board for several years, but I do know that everyone should be treated with respect. Unfortunately, we have very little attendance in our neighborhood, so many homeowners don't see this behavior. It just stinks!!!

RwT (Florida)
Posts: 154

Posted:

Quote:

Posted By LarryB13 on 04/28/2014 1:00 PM

I do not understand this at all. What is being suspended? Your membership? Mandatory membership?

Where does an association derive powers to do that?

From 720.305 (2)(a):

"An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park..

* Non-Lawyer spokesperson.

LarryB13 (Arizona)
Posts: 4,099

Posted:

I understand the suspension of use of common areas. How does that translate into effecting one's ability to run for a seat on the board, which is what the OP asked about? I see nothing in the quoted text that would allow the board to impose a sanction that would prohibit the member from running for the board or casting a vote.

RwT (Florida)
Posts: 154

Posted:

Please see the first few posts in this thread.

* Non-Lawyer spokesperson.

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