Florida HOA limited proxy vote for special assessment

In my community we only use proxies for the annual meeting - homeowners can use them to help establish a quorum in order to hold the meeting and vote for board members (they can nominate themselves or someone else, provided everyone's current with assessments).

You should check your documents, but I would never want proxies to be used to cast a vote for a special assessment. This is something that I think homeowners need to make an effort to attend a special meeting and cast a vote that way or the association can send ballots out and people can fill them out and return them. To keep things fair, you might have the ballots sent to a designated place and kept sealed until the day of a special homeowners meeting. Those ballots can be opened in front of everyone and counted to see if enough votes were cast in favor of the special assessment.

friends

in nov 2008 this hoa voted by secret ballot in a special membership meeting to amend governing docs (community took over from developer in 2007). in april 2013 community again voted in special membership meeting via secret ballot to authorize $98,000 to upgrade front entrance water pumps (cap for any single capital expenditure is $50,000 without membership approval

from 2007-2017 Membership voted in annual election for Board Directors by the double envelope secret ballot

fast forward to 2017: new Board fixated on expanding clubhouse theater. they maneuvered for a limited proxy ballot, with collusion of property manager. Our governing docs only address annual vote for Board Directors: no guidance on special membership meeting for a special assessment vote! resulting in following scenario:

- during the 2/16-3/2 voting period, property manger printed out almost on a daily basis for Board - which Members voted and which Members had not yet voted (this is small FL HOA of 324 homes in palm beach countuy)

- property manager "leaked" to Board how Members actually voted (yes/no for clubhouse expansion)

- with this leaked privileged voting info, Board Directors began coercing hoa members to change their vote from a NO to a YES for clubhouse expansion. They needed 179 YES votes (55% of 324 homes); they secured 184 votes

welcome to FL HOA retirement living

arthur

I am of the opinion that Arthur was on the wrong side of the losing side of this vote.and he wants to try and overturn it. It is not a matter if done properly. It is a matter of Arthur not liking the results.

If they used force or threats to get people to change their vote then that's probably actionable. Something tells me there was no real coercion. Non-violent and non-threatening persuasion, even if lies are being told, doesn't rise to the level of "coercion".

With regard to your other points about the PM being in cahoots with your board, what do your documents say about special meetings or voting on special amendments? It's sleazy as hell but in a vote where your documents don't say when, where and by whom the votes should be tallied I think you're going to find yourself on the short end of the stick. Also, ask to see the contract between the HOA and the PM.

friends

we are a Florida HOA in Palm Beach County, under FL HOA Statutes 720. Our governing docs (2003) do not address issue of how to vote for a special membership meeting to amend governing docs and/or special membership meeting to address a special assessment. Heretofore in 2009 and in 2013 Board(s) used double envelope (secret ballot) for prior Special Membership Meetings. The 2017 Board used this limited proxy ballot methodology for a March 2 special assessment vote, because a limited proxy voting methodology gave the Board more access to how Membership voted

Our lawyer opines that we can force a revote

arthur

FS 720 leaves virtually all the details about voting, both for elections and voting on other matters, up to the HOA's governing documents. I think the double-envelope secret ballot system is the best way to go, myself, on all membership votes. Even that system, however, needs to be authorized in the bylaws before it can be used. The condo law in Florida is much more strict about voting procedures than the HOA law. So unless your documents say otherwise the board is likely free to use whatever method of voting they choose. Sealed double-envelope ballots for an amendment in 2009, fine. In-person vote with proxies allowed for something else in 2016, that's fine too unless the governing documents, e.g. the Bylaws, specifically call for something else.

Without knowing what your governing documents actually say there's no way to be sure. From what you've shared I would seriously consider getting a second opinion from a different lawyer. Spending a few hundred dollars on that might be worth it because I think - and I'm not an attorney - he might be blowing smoke to drum up some business. By the time you went through mediation and a trial to force a revote, you're likely to have other opportunities to remove or replace your board of directors.

update

- March 28. 2016 Group of 16 Plaintiffs signed a demand letter for pre-lawsuit Mediation

- April 3 Board agreed to Mediation; mediation scheduled for June 27

- Per FL HOA 720.303 limited proxy ballot forms were inspected on March 31 and on April 28 - documented proof that the voting process was improperly cast. Invalid ballots that should have been discarded were counted nevertheless!!!

arthur green