RECALL FOR THE ENTIRE BOARD

Started by MarinaS • 9 replies • 1669 views

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MarinaS (Florida)
Posts: 1

Posted:

We need to know if the owners renting theirs apartments are elegible to vote in a recall or General elctions.
We know the proxies are not allowed but if the owners of the rented apartment physically go to the meeting and vote is consider a valid vote.

GenoS (Florida)
Posts: 4,276

Posted:

After turnover from the declarant/developer, the owners are the only ones entitled to vote. It doesn't matter whether or not they rent their units. The owners alway have the right to vote.

FredS7 (Arizona)
Posts: 927

Posted:

What GenoS said. Not sure why you would think different.

GenoS (Florida)
Posts: 4,276

Posted:

If I had to guess - always dangerous - I'd guess MarinaS's board is saying owners who rent their units are not entitled to vote. Which is all kinds of wrong (and maybe I'm wrong in my guess).

PitA
Posts: 1,416

Posted:

Renters may NOT vote unless allowed by a proxy from the actual owner.

That is why it is called a HOMEOWNERS association and not a renters association.

The renters are free to form any association they desire, but, said association would NOT be connected with the HOA, nor would it own any property in the development.
If it purchased property THEN it would become an OWNER and be a member of the HOA.

"Membership is appurtenant to, and may not be separated from, ownership."
Most 'declarations' have this exact phrase.

GenoS (Florida)
Posts: 4,276

Posted:

The only caveat I found in Florida law says that if different classes of members exist, only those who are able to vote FOR directors have the right participate in a recall vote. But I think different classes of members almost always exist only for developers and declarants when turnover hasn't happened yet.

PitA
Posts: 1,416

Posted:

Different classes of members may, or may not, exist.

The 'crux' of the issue is simple:

RENTERS ARE NOT members.

period, end of case

PitA
Posts: 1,416

Posted:

oops, no edit

RENTERS ARE NOT MEMBERS.

GenoS (Florida)
Posts: 4,276

Posted:

Correct, renters are not members, period.

Owners who lease their property may be in a separate class, however, that might preclude them from voting.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MarinaS on 08/11/2015 4:26 PM [emphasis added]

We need to know if the owners renting theirs apartments are elegible to vote in a recall or General elctions.

As others have said, all owners who are in good standing (is paid up on assessments) are allowed to vote on matters brought before the membership.

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