Elections process

Started by RhodaP1 • 8 replies • 510 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RhodaP1 (Florida)
Posts: 13

Posted:

Hello all, What if my current Board of Directors refused to hold an election for 2020 and posted on social media (Facebook) that they needed volunteers? They did NOT inform the entire association by letter or canvassing or any other means. Having served on the board in past years, I tried to encourage them and volunteered to help, but they chose to ignore protocol. since it has been a while since I served, can you please direct me to the state documents that will convince them to take proper action? my fear is that they are self-appointed which is illegal, right? Our annual meeting is scheduled for the second week next month. Have tried to do my research, but I am getting lost. Our subdivision is in Brevard county Fl.
Thank you in advance.
Rhoda P

SueW6 (Michigan)
Posts: 814

Posted:

You bylaws should talk about terms and when and how the board is elected.

The nomination process should be in the bylaws, too. Often there is a Nomination Committee that handles the deadline date, call for candidates and “ vets” each candidate’s eligibility.

Nominate yourself, if desired. If you follow all the guidelines, your name should be on the ballot.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Condo, townhouse, or single family homes?

How many units?

What do the Bylaws and CCRs say?

Have you attended the Board meetings?

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By GeorgeS21 on 12/18/2019 12:06 PM
Condo, townhouse, or single family homes?

How many units?

What do the Bylaws and CCRs say?

Have you attended the Board meetings?

Seriously, you live in Florida and that's the best answer or advice you can provide?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By RhodaP1 on 12/18/2019 11:21 AM
can you please direct me to the state documents that will convince them to take proper action?

If your HOA is a condo, peruse Florida Statute 718:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=display_statute&URL=0700-0799/0718/0718.html

If your HOA is not a condo, peruse Florida Statute 720:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

For both, you can complain to the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. The statutes give particular attention to election problems. Keyword search the above statutes for "division of" and you will see what I mean.

GenoS (Florida)
Posts: 4,276

Posted:

For an HOA, the statute FS 720 defers to the governing documents for election procedures. I'd start by getting a copy of your Bylaws and reading them very carefully.

Regarding Facebook, that doesn't satisfy the requirement for giving notice of any meeting. There are plenty of people who don't use it.

As for nominations, again, what do your Bylaws say? There's nothing in FS 720 that requires a call for candidates for the Board of Directors. A Nominating committee can pre-ordain those candidates. That's one reason why the legislature outlawed Nominating Committees in Florida Condominium associations. But I digress.

RhodaP1 (Florida)
Posts: 13

Posted:

Single family homes. 180 total and our document are useless, do not outline a procedure and contradict out articles of incorporation. Neighborhood is over 30 years old and governing documents are vague and incomplete. Builder mislead us by making rules that contradict our DC&R’s. Ugh.

RhodaP1 (Florida)
Posts: 13

Posted:

Thanks

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Gee, Mark, thanks, again.

You know how I value your inputs about my inputs.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here