ArtL1 (Florida)
Posts: 140
Posts: 140
Posted:
I'm curious how other FL HOAs (FS 720) have dealt with implementing electronic voting if their bylaws are old enough that electronic voting wasn't even a thing at the time they were written? i.e. My HOA's bylaws are a little confusing when it comes to votes at meetings of the members:
Under Meetings of the Members:
"Proxies. At all meetings of members, each member may vote in person or by limited proxy. All proxies shall be in writing and filed with the secretary. To be valid, a proxy must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. Every proxy shall be effective only for the specific meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the homeowner who executes it. Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter that requires or permits a votes of the homeowners."
For election of the Board,
"Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 3. Use of Proxy. For election of members of the Board of Directors, members of the Association shall vote in person at a meeting of the homeowners or by a ballot that the homeowner personally casts."
So...under meetings of the members, we can vote in person or by limited proxy.
But then for election of the Board, we can vote by secret written ballot (later specified "in person at a meeting of the homeowners"), and this is doubly confusing, because Section 3, titled "Use of Proxy" actually doesn't say anything about proxies, but Section 2 does say that members or their proxies may cast ballots.
It gets worse...I swear our governing documents were cut and pasted together by a poorly trained monkey.
Given the mess above, I'm curious what it would take to use electronic voting (since that's the easiest way to get the level of participation needed to amend our governing documents and fix some of the even more screwed up parts)?
FS 720.317(4) says "This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution."
Can the board just pass such a resolution (following the other requirements laid out in 720.317(4), and use electronic voting, or does the language above limit us to using electronic voting by having the e-voting system generate limited proxies?
One of the things the previous board demonstrated on many occasions is, the board can do whatever it wants, as long as its a statute violation the state doesn't enforce and as long as none of the members are willing to take the HOA to court over it. I'd rather do things properly, than just whatever we can get away with.
Under Meetings of the Members:
"Proxies. At all meetings of members, each member may vote in person or by limited proxy. All proxies shall be in writing and filed with the secretary. To be valid, a proxy must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. Every proxy shall be effective only for the specific meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the homeowner who executes it. Limited proxies may also be used for votes taken to amend the Articles or Bylaws or for any matter that requires or permits a votes of the homeowners."
For election of the Board,
"Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 3. Use of Proxy. For election of members of the Board of Directors, members of the Association shall vote in person at a meeting of the homeowners or by a ballot that the homeowner personally casts."
So...under meetings of the members, we can vote in person or by limited proxy.
But then for election of the Board, we can vote by secret written ballot (later specified "in person at a meeting of the homeowners"), and this is doubly confusing, because Section 3, titled "Use of Proxy" actually doesn't say anything about proxies, but Section 2 does say that members or their proxies may cast ballots.
It gets worse...I swear our governing documents were cut and pasted together by a poorly trained monkey.
Given the mess above, I'm curious what it would take to use electronic voting (since that's the easiest way to get the level of participation needed to amend our governing documents and fix some of the even more screwed up parts)?
FS 720.317(4) says "This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution."
Can the board just pass such a resolution (following the other requirements laid out in 720.317(4), and use electronic voting, or does the language above limit us to using electronic voting by having the e-voting system generate limited proxies?
One of the things the previous board demonstrated on many occasions is, the board can do whatever it wants, as long as its a statute violation the state doesn't enforce and as long as none of the members are willing to take the HOA to court over it. I'd rather do things properly, than just whatever we can get away with.