HOA Elections

Started by CharlesG5 • 7 replies • 1548 views

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CharlesG5 (Florida)
Posts: 60

Posted:

Our HOA in Florida does not have any elections procedures in our By=Laws other than they may vote in person or by proxy.

We do send out notices of the annual meeting along with a candidates form if they would like to run for the board.

Are other HOA's going to the Florida Condo election Statutes for elections?? Do other HOA's have secret ballets without proxies??

KerryL1 (California)
Posts: 14,550

Posted:

I believe, Chas, that in any state i f the HOA's bylaws are silent, it would turn to its state's corporation codes. (siicne the HOA has bylaws it must be incorporated). But I've learned here that the FL HOA statutes are quite detailed and that's where you should turn as well.

there are others who'll respond with far better details--so you're in luck!

KerryL1 (California)
Posts: 14,550

Posted:

TimB4 (Tennessee)
Posts: 21,059

Posted:

Charles,

Are you saying that your Association is governed by FL 720. However, because FL720 is vague on election procedures, you want to utilize the procedures outlined in FL718?

Our State Corporation Code requires that elections be at a meeting of the general membership. We utilize secret ballots (as in, there are no identifying marks on the ballots to say who cast that ballot). As Kerry pointed out, have you checked FL-617 to see what it says?

Typically, if the Statutes are silent or open for interpretation, and the governing documents (typically the Bylaws) are not specific enough, it is up to the Board to establish procedures either by resolution or, with approval by the membership, by amendment to the Bylaws. What sources the Board uses to create those procedures would be up to the Board.

JohnL26 (Florida)
Posts: 89

Posted:

Quote:

Posted By TimB4 on 03/28/2015 7:56 AM

Typically, if the Statutes are silent or open for interpretation, and the governing documents (typically the Bylaws) are not specific enough, it is up to the Board to establish procedures either by resolution or, with approval by the membership, by amendment to the Bylaws. What sources the Board uses to create those procedures would be up to the Board.

Hi Tim,

Our Governing Documents do not detail a procedure for elections either.

If there is no amendment to the bylaws, what do you think should happen? In our case there is a failure to comply with 617.0202 (1)(d).

If the BOD are free to decide, then do you think they have to adopt a procedure that allows nominations at the meeting? See FL 720.306 (9).

TimB4 (Tennessee)
Posts: 21,059

Posted:

John,

The first thing would be to get the Association to comply with all applicable statutes. This is done by:

1) pointing out the issue to the Board in case they were unaware of the requirement.
2) if that didn't work, gather support and replace those on the board with those who will comply.
3) if support isn't available, taking the issue to court can force compliance (of course this is the most costly in time, energy and money).

TimB4 (Tennessee)
Posts: 21,059

Posted:

As for 617.202 (1)(d): That is fixed by an amendment to the Articles of Incorporation (expecting that the Bylaws don't specify as the statute allows).

As for 720.306(9): The board doesn't need to adopt the policy to comply. They simply need to start using allowing nominations from the floor. If you want to nominate yourself from the floor then simply state at the annual meeting that you nominate yourself for Director. If the Board refuses, specify that FL720 requires such nominations be accepted. If they still disallow it, then contest the election as outlined in 720.306(9)(c).

You may or may not need an attorney to assist you if you contest the election. At the very least, I would encourage that legal advice is sought in case my laypersons opinion of the statute is incorrect.

JohnL26 (Florida)
Posts: 89

Posted:

Thanks

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