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CharlesG5 (Florida)
Posts: 60
Posted:
Florida Statue 720.3033 states an office or director may not solicit ----------.

The president has sent out a letter with the annual meeting packet using hoa funds saying he would like to have the following homeowners running for the board be elected.

Is this soliciting??
MarkW18
Posts: 1,290
Posted:
Yes sir we Bob.
SheliaH (Indiana)
Posts: 6,964
Posted:
Don't know why you didn't include the rest of that statute - context is important. If it discusses soliciting vendors for the association in exchange for favors, kickbacks or such, that is clearly wrong.

That said,what this president did was highly unethical. It's one thing to encourage people to vote or run for a seat without favoring anyone, but another to use association money to say vote for X. The rest of the board should reprimand him post haste and everyone else should consider not re-electing him to the the board. You don't need a legal interpretation to figure that out.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SamE2 (New Jersey)
Posts: 310
Posted:
Is this the section you are asking about? (3) An officer, director, or manager may not solicit, offer to accept, or accept any good or service of value for which consideration has not been provided for his or her benefit or for the benefit of a member of his or her immediate family from any person providing or proposing to provide goods or services to the association. If the board finds that an officer or director has violated this subsection, the board shall immediately remove the officer or director from office. The vacancy shall be filled according to law until the end of the director’s term of office. However, an officer, director, or manager may accept food to be consumed at a business meeting with a value of less than $25 per individual or a service or good received in connection with trade fairs or education programs.
CharlesG5 (Florida)
Posts: 60
Posted:
Yes This is the section
PaulJ6
Posts: 990
Posted:
Quote:
Posted By CharlesG5 on 09/20/2019 6:24 PM
Florida Statue 720.3033 states an office or director may not solicit ----------.

The president has sent out a letter with the annual meeting packet using hoa funds saying he would like to have the following homeowners running for the board be elected.

Is this soliciting??

Not under the statute. The statute says:

An officer, director, or manager may not solicit, offer to accept, or accept any good or service of value for which consideration has not been provided for his or her benefit or for the benefit of a member of his or her immediate family from any person providing or proposing to provide goods or services to the association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Solicit? No. Improper use of an HOA mailing? Yes. Go to the corner for 10 minutes.
SueW6 (Michigan)
Posts: 814
Posted:
If there are 3 openings and 3 nominees, and nominations are closed, there is nothing wrong with the president encouraging members to vote for the slate. However, if there are several nominees and/or nominations can be accepted from the floor, the president spoke inappropriately.

You don’t say if he/she made an “I” statement or spoke for the board in this letter.
GenoS (Florida)
Posts: 4,276
Posted:
I think "soliciting" is the wrong word and the part of the statute you're referencing doesn't apply at all. The statute doesn't really say anything about Director(s) and/or Officers campaigning for and endorsing a slate of candidates for election to the Board of Directors.

Using association funds for electioneering in favor of their pet slate of candidates is wrong. Nothing wrong with it if they want to send out campaign flyers on their own dime. I don't think the statute really addresses the situation adequately.
KerryL1 (California)
Posts: 14,550
Posted:
With PestY, h get off the "solicit" wording and think about board members campaigning for others using HOA resources urge certain owners to run for the Board. FL posters will know the answer & e egislation. All replies except PestyS so far are off track it seems to me.

In CA, if our prez sent the same exact letter before or after the candidate deadline to turn in the intention to serve, any candidate or any persons with a point of view would be able to publish their point of view or advocacy by using the HOA's resources free of charge.
SueW6 (Michigan)
Posts: 814
Posted:
We never saw the letter and don’t know if he spoke for the board to encourage members to vote for the slate

Or

He personally endorsed candidates.

Makes a difference.
KerryL1 (California)
Posts: 14,550
Posted:
Please re-read OP's 1st post. It appears the president used HOA resources to encourage certain owners to seek election. He sent with with the edition packet. He sued HA funds & staff.

FL posters???
KerryL1 (California)
Posts: 14,550
Posted:
Please re-read OP's 1st post. It appears the president used HOA resources to encourage certain owners to seek election. He sent it with with the election packet. He used HOA funds & staff.

FL posters???
SueW6 (Michigan)
Posts: 814
Posted:
I don't read the OP’s issue that way.
MarkW18
Posts: 1,290
Posted:
Based on the OP's post, the president, not the Board, asked homeowners to elected only those he selected be elected using association funds, not available to others having an opposing view. The value of the material, paper, envelopes and postage has a value that he accepted.

That is soliciting!
TimB4 (Tennessee)
Posts: 21,059
Posted:
The President wrote a letter to be included with the Associations general meeting package.
I suspect most Associations have their President do this (I know we do). More then likely, the President's letter was included with board approval. The content of the letter may or may not have been known to the board prior to mailing.

What we don't know is if there are other declared candidates then those listed (to me, this would make a big difference in how I would interpret the issue).

With all of that said.

Let's say it is soliciting. Now what???
KerryL1 (California)
Posts: 14,550
Posted:
"Electioneering. Persons may conduct normal campaign activities such as mailers, campaign speeches, door to door solicitations, and the like. Using California's Election Code as a guideline, it prohibits soliciting votes or electioneering at any time a voter may be casting a ballot."

'No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall solicit the vote of an absentee voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and during the time he or she knows the absentee voter is voting.' (Elections Code §18371(a).)

"As provided for in the Code, any solicitation or attempt to influence a voter under these sections is guilty of a misdemeanor. The same rules against solicitation and electioneering should apply to associations so that members can vote without intimidation or undue influence." Davis-stirling com.

So that's CA and how solicitation is used in our state re: campaigning.

It sounds like it's vague in FL But the very idea that a prez would use HOA resources to urge Owners to vote for certain candidates is appalling to me and against the law in CA re absentee voters. I'm shocked that, per TimB4 it seems commonplace! But maybe the prez is just saying get out & vote and there really are only 3 candidates for 3 spots?

(you're right, Sue, I misread the OP's 1st post.)

I also wonder if they're using cumulative voting as we are this year.
PestY
Posts: 128
Posted:
noun: solicitation

Synonyms for soliciting:

approaching
asking
canvassing
inviting
petitioning
requesting
seeking

Roget's 21st Century Thesaurus, Third Edition Copyright © 2013 by the Philip Lief Group.

EXAMPLES :

One was from a manufacturer of cold cream, soliciting a testimonial.

The monarchs of foreign countries often wrote to him soliciting his aid.

At dawn of day I found every person complaining, and some of them soliciting extra allowance; but I positively refused it.

Well, is that all you had to say to me in soliciting an audience?

For this purpose Gallaudet and a few others set about soliciting contributions.

My soliciting season is come, and will last as long as the session.

Patrick has been soliciting to come to me again, but in vain.

Others ran after possible purchasers, soliciting them, bothering them.

If that law gives you less, they deceive you, in soliciting you to maintain it.

I have felt the mortification of soliciting for money as well as you.

SueW6 (Michigan)
Posts: 814
Posted:
Unless we see the wording of the letter we don’t know if this is inviting or coercing members to vote. And for whom- the slate? Certain nominees?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 09/21/2019 5:32 PM
With all of that said.
Let's say it is soliciting. Now what???

The opposition campaigns against the guy's recommended candidates by pointing out that they were beneficiaries of the improper use of HOA funds by the president. Paint the president as an unethical person, imply criminality, and tie his preferred candidates to his coattails and suggest they would also be scoundrels. All sorts of colorful language could be employed. Stir up the stink and taint them with it.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By GenoS on 09/22/2019 4:50 PM
Posted By TimB4 on 09/21/2019 5:32 PM
With all of that said.
Let's say it is soliciting. Now what???

The opposition campaigns against the guy's recommended candidates by pointing out that they were beneficiaries of the improper use of HOA funds by the president. Paint the president as an unethical person, imply criminality, and tie his preferred candidates to his coattails and suggest they would also be scoundrels. All sorts of colorful language could be employed. Stir up the stink and taint them with it.

Yep, lets divide the community and throw mud.

What if there were no other candidates?
AugustinD
Posts: 5,144
Posted:
I do not see how disclosing that HOA funds and resources may have been (or most likely were) unlawfully used is throwing mud.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 09/23/2019 9:49 AM
I do not see how disclosing that HOA funds and resources may have been (or most likely were) unlawfully used is throwing mud.

Emphasis added:

Quote:
Posted By GenoS on 09/22/2019 4:50 PM

The opposition campaigns against the guy's recommended candidates by pointing out that they were beneficiaries of the improper use of HOA funds by the president. Paint the president as an unethical person, imply criminality, and tie his preferred candidates to his coattails and suggest they would also be scoundrels. All sorts of colorful language could be employed. Stir up the stink and taint them with it.

AugustinD
Posts: 5,144
Posted:
To me, Geno's language is just another way of saying what I said.

I think what this president did is a serious abuse of power.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AugustinD on 09/23/2019 10:37 AM
To me, Geno's language is just another way of saying what I said.

I think what this president did is a serious abuse of power.

All well and good but there is no punishment so why go on and on about it?
AugustinD
Posts: 5,144
Posted:
I think that, where there is smoke, there is fire, to be put in members' bellies to get out the vote and throw this guy off the board.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AugustinD on 09/23/2019 11:02 AM
I think that, where there is smoke, there is fire, to be put in members' bellies to get out the vote and throw this guy off the board.

And replace him/her with who?

If you're running a campaign like Geno suggests, I wouldn't vote for you because, as a homeowner, I would expect the same type of treatment (mud slinging, baseless accusations, etc.) if I disagreed with you.

We've never heard from the OP if others are running or not.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By AugustinD on 09/23/2019 10:37 AM
To me, Geno's language is just another way of saying what I said.

I think what this president did is a serious abuse of power.

So do I. I don't advocate for mudslinging where, say, "less than serious" transgressions are happening. Using everyone's money to campaign for candidates who you like to the detriment of others is not a minor thing, in my opinion. I think you have to fight dirty tricks with other dirty tricks. If the guy is improperly spending associaion dollars and telling you "tough luck, deal with it," then I'm going to push back against that hard. That's indicative of a mindset I don't want anywhere near the board of directors. Like I said, if the guy wants to campaign for his chosen slate of candidates, that's fine. As long as he does it on his own dime. Otherwise it's tantamount to theft of association funds for his own personal benefit or to further his own agenda.

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