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DonM17 (Florida)
Posts: 9
Posted:
State of Florida

There is no mention of approval or disapproval.

8.2 Application for Transfer

An application for the transfer of a membership or for a conveyance of interest in a Dwelling Unit or a lease of a Dwelling Unit shall be accompanied by an application fee in the amount of thirty-five DOLLARS ($35.00) to cover the cost of contacting the references given by the applicant and such other fit costs of investigation that may be incurred by the Board of Directors. The Board of Directors shall have the right to increase or decrease the application fee.

2.Passing an amendment.

By not less than eighty percent (80%) of the vote of the entire membership of the Association

How are non votes counted.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
1. Well the way it's worded the HOA did not make it a "accept/reject" situation. It's just submit references, contact them, and then pay the HOA for doing so. Another bad rule that really goes nowhere in purpose or scope.

2. There are no "non-votes" to count. Your HOA can just gather votes from 80% of the HOA membership if it wants. It doesn't say collect 100% and deduct the 20.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
For answers to legal questions, talk to an attorney - after you take a look at your governing documents and see what they say. If this stuff winds up in court, you will also have to contend with how a judge would look at it, given the facts of the case (whatever they are), so there may not always be a quickie or simple answer.

But since you asked, here's one person's response - take it for what it's worth, since I don't live in Florida:

#1 - if the board has a right to increase or decrease the transfer fee, it probably doesn't need homeowner approval on whether to increase it or how much it will be increased. The $35 may be what the legislature settled on at the time this law was enacted.

#2 - Non-votes are just that - you can't assume they're for or against a proposal, so if you have, say, 200 units and need 80% or 160 (I'm assuming one vote per household), the non votes may or may not help the proposal pass or fail, depending on what side you're on. In this case, if 190 homes cast a vote and the remaining 10 do nothing, your concern should be whether you get the 160 - less than that and the proposal doesn't pass.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Looks like 80% of your Owners must vote to approve an amendment to your, what?, CC&Rs (aka covenants, restrictions, declarations)?

8.2 does seem to say the board can levy the fee. But unless there's something else in the law, it does not give the HOA the right to approve or disapprove.

Are the above from 720 or 718? (I might have the numbers wrong, but there are apparently 2 sets of laws in FL, one applies to condos. We do have posters fist from FL who might be able to help.)

I'm not in FL either, but I've seen posters here say that HOA boards do have the right to approve new Owners & maybe even tenants in FL.
TimB4 (Tennessee)
Posts: 21,059
Posted:
As others have said, non-votes (abstentions) are simply someone who didn't vote.

They are not counted as a yea or nay.

Although the lack of voting may have the affect of stopping a proposal from being adopted (because the Association fails to obtain the number of yea votes required), the simple fact is that non-votes are simply not counted.

Therefore, if you have 100 members, per your documents, you need 80 yea votes for the amendment to be adopted.
If you have 79 people cast votes and all are in favor of the amendment, even if nobody else voted, the amendment fails to be adopted because it did not receive the 80 yea votes required.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
To add to what Tim said:

Lets us assume 100 units, 2/3rds (67) needed to approve/pass.

1. 67 vote yes, it does not matter what the other 33 did as in vote no or not vote at all, it does pass.

2. 66 vote yes, it does not matter what the other 34 did as in vote no or not vote at all, it does not pass.

Where some get confused is they assume it is 2/3rds of those voting versus 2/3rds of all owners.

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