CLARIFICATION OF 723 IN fl

723.078 Bylaws of homeowners’ associations.— In order for a homeowners’ association to exercise the rights provided in s. 723.071, the bylaws of the association shall provide for the following:
(1) The directors of the association and the operation shall be governed by the bylaws.
(2) The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions:
(a) The form of administration of the association shall be described, providing for the titles of the officers and for a board of directors and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and board members. Unless otherwise provided in the bylaws, the board of directors shall be composed of five members. The board of directors shall have a president, secretary, and treasurer who shall perform the duties of those offices customarily performed by officers of corporations, and these officers shall serve without compensation and at the pleasure of the board of directors. The board of directors may appoint and designate other officers and grant them those duties it deems appropriate.
(b) A majority of the members shall constitute a quorum. Decisions shall be made by a majority of members represented at a meeting at which a quorum is present. In addition, provision shall be made in the bylaws for definition and use of proxy. Any proxy given shall be effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. In no event shall any proxy be valid for a period longer than 120 days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the member executing it.

paragraph (b)

Does this read to you that a quorum must be met before proxy's are used ??

OR Members present plus proxy's will constitute a quorum??

I'm confused as are many members

Keith

I say Proxies count toward establishing a Quorum but as the OP is in FL, who the he!! knows.

We're a FS 720 HOA, not under 723, but our Bylaws specifically state, "A proxy written and signed by a lot owner can be considered as part of the quorum."

Additionally, have a look at a decision of the Florida DBPR mediator in this 2005 case:
http://www.ccfjfoundation.net/DBPRarbrulingHOAelection.html
which states, in part...

"... the association is comprised of 1,606 total voting interests and 109 interests were present in person at the meeting and 435 were present by proxy. Thus, a total of 544 interests were present, either in person or by proxy, in compliance with quorum requirements of section 720.306(l), Florida Statute, requiring 30% of the voting interests to achieve quorum, unless a lower number is provided in the bylaws."

I think it's pretty standard in the business world to count proxies towards a quorum.

Keith

Per your posting, "Decisions shall be made by a majority of members represented at a meeting at which a quorum is present." Proxies represent members. Decision then would be made by those members present, including those attending via proxies.