Election of officers

In my opinion, yes.

You know the desires of this director, so why not make the nomination yourself. You can even add that you are making this nomination on the request of xxxx. This will keep things happy if anyone asks the same question you are.

The issue you ask is so small of an issue that I wouldn't think it's worth alienating another Director over.

If you don't think the nominated individual will make a good candidate, then vote against them.

What a nice question, Geno.

I think that Tim's approach is a good one.

One more time with grammar...

Earlier today I searched the Davis-Stirling website and they say that directors may nominate themselves if they wish. The rationale (citing CA Civil Code) is that if members can nominate themselves to run for the board then it's reasonable to allow self-nomination of officers.

That makes it a moot point. Besides, I found out today that the director who will be absent wasn't planning to make the nomination anyway regardless of her being at the meeting or not.

Thanks again

Florida statutes are silent on the question of whether directors may self-nominate for officer positions. If a dispute erupted over it I think the test would be one of reasonableness. Since California, a state of 39 million people, allows it then I think it would be hard to argue that the practice is unreasonable.

While our bylaws state, "Executive Officers shall be elected by the membership at the annual membership meeting," the Articles of Incorporation take precedence in the hierarchy of governing documents, and that document says, "Said officers shall be elected by the Board of Directors annually at its meeting following the annual meeting of the members."

Therefore, our election of officers happens at a board meeting, not a members meeting, and the prohibition against directors voting by proxy applies. They may use a secret ballot for the election of officers, but not vote by proxy. My question was more about the ability to nominate by proxy, which is not addressed in either the statute or the bylaws.

GinoS

Regardless of what F.S. 720.303 cites, there is little you can do about any violation of the statues. That is, unless you are prepared to hire an attorney and pursue the matter in civil court. The 720 statutes are unregulated and unenforced.

As you may know attempts during last years legislation process failed to pass SB1122 and HB1375 which would have partially remedied this oversight.

If you are interested, Rep. Charlie Stone is sponsoring a modified bill in the House again this year. It is being filed as HB295. You can read the bill at https://www.floridahomeownersunite.com/documents/HB295.pdf. You may also wish to review the information on the site as well ( https://www.floridahomeownersunite.com ).

Regards,

Lee

That would be incorrect because they are "enforced" in a Court of Law. If an owner sues the Court would tell the HOA that the State Law is supreme unless it defers to the CCR's. Those HOA's who may still have older documents containing items which may now violate State Laws or errors in the contract, those sections are void and no longer enforceable and do not negate rest of the contract.

In many Articles of Incorporation it says So and So shall happen unless Corporation Bylaws say other. SC is riddled with that as SC believe in the Corporation controlling its destiny, not the state.

One example is SC says 10% of Owners form a Quorum unless the Corporation Bylaws say other.

I would contend you MUST use two envelope system. Also I may have found possible answer to your original question:

720.306 Meetings of members; voting and election procedures; amendments.—

(8) PROXY VOTING.—

(b) If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.

(9) ELECTIONS AND BOARD VACANCIES.—

(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. Except as provided in paragraph (b), all members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any challenge to the election process must be commenced within 60 days after the election results are announced.

What is in your governing documents regarding nominating candidates?

Then I am confused because you stated receiving ballots:



Are those votes null and void?

I disagree with you ... when the documents are silent State Law prevails. Also, State Law prevails unless it defers to the documents. What I noted above is the FL State Law and what it states with regard to proxy voting for HOA's. Again, that Statute is for HOA's not condos. It is never good for a spouse to run for position and the other spouse be counting votes. It is good that is not taking place.

With regard to FS 720 HOA elections, the statutes defer to the governing documents (e.g. bylaws). Even FS 617, the statute covering "Corporations Not For Profit", which preceded FS 720, says, "If directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail." In that case, if the bylaws don't explicitly allow voting by mail then it is not allowed.

This entry at the FLORIDA CONDO & HOA LAW BLOG says the same thing.

"Unlike condominiums, where a uniform election procedure must be used by all associations ... HOA election procedures are primarily dictated by the bylaws."

It goes on to say that:

"While the statute permits HOA’s to use the “condo election procedure” for the election of directors, the procedure must be authorized in the governing documents. If it is not, the governing documents must be followed."

Our governing documents say nothing, so we're left with:

"... your association may be conducting its elections improperly if the absentee ballot procedure is not authorized in your community’s governing documents."

Clearly, it depends on the wording of both the statutes and the bylaws, but in the case of elections the rule for homeowners associations seems to be, "If it's not authorized and permitted in your governing documents, then you can't do it."

Tim:

That statement was in reference to a comment the OP made regarding a section of FL law and his documents we were discussing. That statement while general I contend would apply for the situation and discussion. As a FL Attorney notes:



The bold text is the point I was trying to make to the OP with regards to a statement the OP made himself that his documents were "silent" on elections and is how we ended up further on the subject. The OP also titled the thread "Election of Officers" and which we were discussing.

Thanks for the update Geno.

Glad everything worked out.

Tim