Florida HOA Proxies

Started by JosephH4 • 5 replies • 1060 views

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JosephH4 (Florida)
Posts: 2

Posted:

I have a question regarding HOA proxies in Florida. The developer has approximately 12 lots remaining in our community. In the past, they have given the votes to our management company to decide where those votes should go. Last year we had someone come in with 50 votes and win all board sports with their votes. My question is this. Should/is it legal for the management company to be the middleman? I am confused by this whole situation as I would have thought that the management company should remain a neutral party?

Thank you!

GwenG (Florida)
Posts: 669

Posted:

The Declaration and Bylaw documents written by the Developer will specify who is eligible to cast votes and will define an allowable proxy vote. The answer is in your documents.

JosephH4 (Florida)
Posts: 2

Posted:

Hi, Gwen! Thank you for your reply! I did it read it and I am confused by the legalese of it. We have a vote coming up and I am trying to make heads or tails of it. It seems almost contradictory of itself.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Any homeowner who wants to run for the BOD can go around to the property owners and solicit proxies prior to the Annual Meeting (this is because in most HOA's you have apathy and many members not attending the meetings). The developer will have at least one vote per unit and in some instances the documents may allow the developer votes to count as more than one. This will vary depending on your documents and your State Law.

JanetB2 (Colorado)
Posts: 4,219

Posted:

If you are confused on a section you can post the exact wording from your documents with your question and we can try to explain it to you in layman terms. We are not attorneys but we have become familiar with our HOA documents and how to read

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joseph

Typically anybody can be designated as the Proxy Holder. They are simply conveying the vote(s).

Generally they are of two types of Proxies though there can be a blend of both:

Directed: Telling the Proxy Holder exactly how to vote.

General: Allowing to Proxy holder to vote as they desire.

Directed/General: Telling the Proxy holder how to vote on specific things but allowing them to vote on other things as they so desire.

Proxies can be very tricky. They are often misused by misunderstanding or used with intent to trick.

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