HOA Florida election

Thank you for helping out with this elections issue:

WE have a yearly HOA election meeting on December 12 ballots were distributed on time and five board members are running for reelection in addition to two new candidates.

The sentiment in the building is that after a tenure of five years board need some renewal.
A large windows replacement project was voted and will be implemented next year many owners have questions on how the project will be managed and what internal financial controls are in place.

New candidates have good qualifications have provided personal information while two of current board members on the ballot have not provided any.

The building is managed by the HOA and yesterday the manager employed by the HOA has distributed by email (used for building communications) a letter signed by the five current board members listing accomplishments and asking to vote for them.
This is shocking and wrong can a CAM licensed building manager take a side in elections ?

Can current board members promote themselves a week before elections using HOA recourses not accessible to other candidates?
What can be done to level the playing field should DBPR get involved?

If you have questions please feel free to ask thank you

Welcome to the Forum, Patrick. There are a few good posters from FL who should be able to help. There's 2 kids of HOA legislation and it sounds like you would fall under the one for condos, right? I think their numbers are 718 & 720. I'd ignore the reply from AL.

In CA, the HOA board or management may not use your HOA resources to publicize the current board members' accomplishments at the exclusion of the other two. It's possible the CAM is further restricted by their profession's Code of Ethics or similar pledge.

The above law or maybe even your own bylaws might say something about how HOA resources, e.g., the CAM, may be used.

As a practical matter the two non-board candidates should immediately send out their qualifications and accomplishments to owners. One problem is that they don't have access to Owners' email addresses. They can try to demand that the CAM email out their letter too, but good luck with that. So...they may have mail out the letter using their own funds. You don't have much time! They should also try to collect proxies. Are you, by chance, one of these candidates? I

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Hi Kerry thank you for your repply.
I am one of the candidates since my posting letter from the board was distributed to all apartments by condo employes and condo ressources were used to produce it. We are Condo Association regulated by FS718
Anybody know if Florida CAM code of Ethics preclude managers to take side in elections ?

The manager distributed first by email then next day a hard copy to each owner a letter from the board asking to vote for them collectively for all 5 board candidates for reelection. The ballot is for 7 candidates five from the curent board and two additional one including myself.

Can't vote by proxy for board members in a Florida condominium association. See FS 718.212(2)(b)2 and FS 728.112(2)(d)4.

A quick taste: "The members of the board of a residential condominium shall be elected by written ballot or voting machine. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter". There's an exception for very small associations (10 units or less).

In addition, the campaign emai would most likely be illegal if any association funds were used to pay for it. Email is cheap but odds are that someone from the property manager's office spent some time writing it up and/or sending it out.

FS 718.111(1)(a) says, "Any such officer, director, or manager who knowingly so solicits, offers to accept, or accepts any thing or service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a criminal penalty as provided in paragraph (d)."

A good argument can be made that a campaign letter sent out on behalf of sitting directors using the resources of the CAM or property manager is a "service of value" that benefits those people alone and not everyone in the association. Having access to an email list that non-board members don't does seem like an unfair advantage.

You'll probably have to go to the DBPR for arbitration, though.

Thanks for catching that Geno ... interesting how 720 allows proxies and 718 does not only for BOD elections.

Amen ... I agree no preference and should be on each candidates dime and time to solicit votes.