HOA VOTING PROCEEDURES

Started by StuartC • 7 replies • 1891 views

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StuartC (Florida)
Posts: 3

Posted:

I reside in the Florida HOA. Is there a Florida Ordinance that outlines the voting proceedue for a HOA. Recently our association had a vote to amend the HOA Docs. We had 60 day to cast our ballot. This was fine. However the management company kept the BOD appraised of the running talley of the votes. The BOD was initiating factor for this amendment and when they found out prior to the end of the balloting period thay went ans sought people to change there ballot and in some cases they told people that there original ballot was lost and urged them to vote for their way.

BradD2 (Florida)
Posts: 418

Posted:

There are specific requirements for only a few types of votes, such as a recall of directors. For amendments to your documents, reference the documents themselves.

One common flaw in the thinking of boards is that they need 2/3rds (or whatever the documents say) of the people who reply when it is typically quite clear they need 2/3rds approval of all homes. They also don't consider that the votes are yes, no and abstain (the choice for those who did not or could not vote).

If an Association goes ahead and records amendments which the community does not consider valid, the homeowners can contest it and an audit is performed. You can contact the Department of Professional Regulations; perhaps even filing a complaint against the management company.

GloriaM (North Carolina)
Posts: 829

Posted:

Stuart:

A deadline on a ballot is normal; as is keeping a tally on the voting. Most boards will go door to door if they don't get the required signatures back to amend the CCR's.

StuartC (Florida)
Posts: 3

Posted:

I have found out that you can not file an action with the Dept of Professional Regulatios with out first going thru mediation. I need to know if all(voting for BOD and voting for a change in amendments) vote are to be secret until final counting or is the board allowed to be given a running talley by the PM so that they can go out to the community and solicit votes needed to pass their agenda.

GloriaM (North Carolina)
Posts: 829

Posted:

Stuart:

I am not sure about Florida laws, but in general voting ballot for an election would or could be sealed and not known until the counting of the votes. However for amending the CCR's I see nothing wrong with keeping a tally of who voted to ensure you get your recommended votes cast to pass the amendment.

Again, it is not uncommon for a board to go door to door with ballots for Owners to sign in order to get the amendment passed.

StuartC (Florida)
Posts: 3

Posted:

I fully understand the board has the right to go door to door to get the required number of people to vote. This board was given a running talley of the way the vote was proceeding. They were told how many nays and how many heys were in. I thought that the votes should only be opened at the end of the voting period.

GloriaM (North Carolina)
Posts: 829

Posted:

Stuart:

Again this is my opinion and I am not quoting Fl law; for an election yes I agree. But for an amendment IMO they should keep track of the votes in order to assist in getting the amendment passed.

LindaC3 (Florida)
Posts: 526

Posted:

StuartC.................You MUST file a petition for mediation thru DPBR in Florida and they then set up
the mediation...If both parties cannot resolve the issue you can elect to continue to civil court..... It cost $200.00 and you can find the necessary paperwork online...I live in Florida and 2 neighbors of mine have filed 2 seperate cases with DPBR for mediation...Just a note--- DPBR is quite backlogged with cases......Best of Luck Linda C

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