FlorenceC (Florida)
Posts: 3
Posts: 3
Posted:
Can anyone tell me if the state of Florida regulates how much a quorum is for Condo's?
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minimum quorum in Florida?
Started by FlorenceC • 4 replies • 680 views
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DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By FlorenceC on 02/28/2018 12:34 PM
Can anyone tell me if the state of Florida regulates how much a quorum is for Condo's?
Can anyone tell me if the state of Florida regulates how much a quorum is for Condo's?
Normally quorums are defined in your governing docs (bylaws, Covenants, etc.). You an also examine FS718 to see if this overrides or supplements your docs.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html
Escaped former treasurer and director of a self managed association.
FlorenceC (Florida)
Posts: 3
Posts: 3
Posted:
Thank you, Douglas but that's not the issue. A vote is coming up to amend the Bylaws to reduce the quorum requirement from 51% to 35%. \
The Board is also pushing to make the community gated- which vote will come up later this year. By lowering the quorum to 35% are we also allowing the Board to only need 35% of the owners to vote for gate?
The Board is also pushing to make the community gated- which vote will come up later this year. By lowering the quorum to 35% are we also allowing the Board to only need 35% of the owners to vote for gate?
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
I would expect that gating a community would require a change in the covenants (aka CCRs, Deed Restrictions), not just the bylaws. The covenants typically require a larger threshold, such as 2/3 or 75% of all owners, not just a quorum at a meeting.
I would also expect you would need city or county approval, which could be difficult to impossible to get. In my county, gated communities must own all of the infrastructure (roads, drainage system, etc.). I think this is common in larger cities and counties. If you live in one of the more rural areas of Florida the rules might be looser. If the roads are already owned by the city or county, the chance of getting them deeded back to the HOA seems slim to me. Owning the infrastructure also means the association must pay for the maintenance, such as periodic repaving.
I would also expect you would need city or county approval, which could be difficult to impossible to get. In my county, gated communities must own all of the infrastructure (roads, drainage system, etc.). I think this is common in larger cities and counties. If you live in one of the more rural areas of Florida the rules might be looser. If the roads are already owned by the city or county, the chance of getting them deeded back to the HOA seems slim to me. Owning the infrastructure also means the association must pay for the maintenance, such as periodic repaving.
Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
I'll also add that there is no reason you can't campaign against the quorum change. Talk to neighbors, go door to door, etc. Make sure they understand what is up and are fired up enough about it to actually vote against. Also identify people who are against the change who would be interested in serving as directors and campaign to get them elected.
Escaped former treasurer and director of a self managed association.
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