Florida Election Voting with Proxies & Other Conflicts

We have a very small community of 21 units, it is a little less than 50/50 of people whom own their unit and live there, or people who rent their property out. Every year the board sends out proxy forms for the annual meeting and lists one board member on the proxy form if they do not write in their own. Most of the people who do not live in the community just sign their name and send it back, allowing that one board member to basically have the majority vote. Every time we have elections, one person controls the elections because they have majority vote.

I have read the statute 720.303(2)(C)(3) and the wording is somewhat confusing. It states, Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. Does this mean the director listed on the proxy can vote in elections, or no?

Our HOA has basically been a dictatorship with the same board since before I bought my house in 2013. I also caught our past President, current "bookkeeper" in December 2015 paying her own contracting company over $6k for part of a pipe repair project. Nobody backed me up with her having a conflict of interest because members of the board were all her friends. Numerous family members of hers were completing services for the HOA for payment. She has since sold all of her units, and her friends that are on the board signed a contract with her unlicensed company to complete bookkeeping for our very small HOA. She is receiving $6,600/year to complete bookkeeping tasks.

This seems insane to me that this is all happening. Does anyone have any advice?

Tim,
We have several homeowners that are interested in serving on the board, so that is not the issue. I have a degree in political science, have years of experience being on boards of organizations, but this is very different because as a member of an organization you usually have a list of all members and contact information. I have requested contact information for all homeowners from the board and they refuse to give it to me. The issue is I have no way to contact the people who rent their unit to voice my concerns directly to them. Most of them go through a property management company; therefore, their renters do not even have their contact information.

Crystal Doesn't FL legislation require HOAs to provide a last of HOA & mailing addresses of all owners to an owner upon written request???? What about your own governing documents--maybe in your bylaws??

The law probably does not require the HOA to give you email addresses or phone #s.

Some FL posters, and there are some good ones here, may advise you. Surely you don't have to seek such records from your local city or county! It sounds like SC HOAs do NOT have to provide such a list to Owners. Is that right, JohnC?

Thanks, Pain. Then, why, JohnC, are you telling folks to go to county or city records?

Any requests for membership lists should be done in writing.
The request should also cite applicable sections of the governing documents and State statutes.
The request should be sent by certified mail to have a paper trail.

The request should be polite, something along the lines of:

I am requesting a copy of the Associations membership list with names, property address, mailing address, email addresses (if known) and phone numbers (if known).

This request is being made in accordance with Article x, section y of [name of document], FL 720.303 (if a homeowners association) and FL 617.1602 (if your Association is incorporated).

I may be reached at:

Thank you,

NOTE: you may have to pay for the copies.

If the Board refuses or ignores, send a second request via certified mail, mentioning the date of the initial request to the Assocaitions registered agent. Additionally, if the association uses a management company and they fail to provide, then make a complaint against the MC license.

Alternatively, some Counties do have property records online which list the mailing address of the owners. That would be a way to obtain the information without letting the Board know.

Crystal, check your governing documents (probably the bylaws) to see if they say what kind of proxies can be used at meetings of the members. i.e. My HOA's bylaws allow only limited proxies. For years, the management company sent out general proxies. If you're supposed to be using limited proxies, point that out, and stop the one director from abusing the pool of proxies in the future.

You have a right to a list of homeowners and their mailing addresses. The board, by denying you access to that list, prevents you from soliciting your own proxies - there's no requirement that the "official" one sent out by the board must be used.

If you requested a list of homeowners and their contact information and you made that request in writing, then you could consider filing for arbitration of the election with the DBPR. After the election you have 60 days to file.

Be sure to send those requests in method to verify receipt by the HOA such as mailing “Certified Return Receipt” ... then when they have to pay you for their fine ... they will have no excuse regarding amount owed via your proof.

Thank you, I did make a list from the property appraiser website yesterday.

Court records, you need a subscription to access.

Property records, based on your posting, apparently varies by county because in Fairfax County I can access property records and owner addresses (unless the owner specifically requested to have that info withheld).