Guidance on Proxy Ballots FL

Started by JimB37 • 7 replies • 577 views

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JimB37 (Florida)
Posts: 76

Posted:

We have a number of lots which, traditionally, have been used as a single voting block during votes involving the membership. The issue being questioned is whether the manner in which these votes are being cast is valid. Specifically, the person uses a single ballot with the number of votes written on it.

I am receiving objections saying that voting in this manner is invalid and that each lot must have its own separate ballot. To be clear, the matter of proxy is not at issue, nor is the number. Only the manner in which the votes are cast is being questioned. Since the person involved has been doing this for a very long time, and there is no other issue in question, I'm inclined to accept the ballot as it has previously.

I've looked at FS 720 as well as our documents and I have found no specific guidance relative to this issue. (Of course, I've also got members quite adamant that this is wrong but cannot show me where they get their information.)

Is anyone aware of any statute that addresses this sort of issue.

GenoS (Florida)
Posts: 4,276

Posted:

In a Florida FS 720 HOA the answer completely depends upon your governing documents, most probably the Bylaws, that set our your election procedures. In a Florida Condo association there is much that the condo statute, FS 718, requires. But in an HOA virtually everything depends on your governing documents.

Are you asking, for instance, can the owner of 20 lots cast a vote saying "I own 20 lots and cast my 20 votes in favor of candidate Jones"? I don't think there's anything wrong with that, but your own procedures should spell out whether or not 20 separate ballots would need to be cast.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, you want a piece of paper signed by the same person, for the same thing, instead of one piece of paper signed by the same person?

I like the idea of a single piece of paper.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JimB37 on 03/11/2020 10:08 PM
We have a number of lots which, traditionally, have been used as a single voting block during votes involving the membership. The issue being questioned is whether the manner in which these votes are being cast is valid. Specifically, the person uses a single ballot with the number of votes written on it.

I am receiving objections saying that voting in this manner is invalid and that each lot must have its own separate ballot. To be clear, the matter of proxy is not at issue, nor is the number. Only the manner in which the votes are cast is being questioned. Since the person involved has been doing this for a very long time, and there is no other issue in question, I'm inclined to accept the ballot as it has previously.

I've looked at FS 720 as well as our documents and I have found no specific guidance relative to this issue. (Of course, I've also got members quite adamant that this is wrong but cannot show me where they get their information.)

Is anyone aware of any statute that addresses this sort of issue.

What a waste of time.

JimB37 (Florida)
Posts: 76

Posted:

Just to make things perhaps more interesting, the master association is an HOA and the block of lots is a Condo assoc who is submitting these votes as part of the annual meeting involving both groups. Does this relationship change things? Does it even mean anything?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Jim,

It means you probably should put all relevant information in your initial post.

BarbaraT1 (Texas)
Posts: 821

Posted:

What a waste of paper!

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By JimB37 on 03/12/2020 7:45 AM
Just to make things perhaps more interesting, the master association is an HOA and the block of lots is a Condo assoc who is submitting these votes as part of the annual meeting involving both groups. Does this relationship change things? Does it even mean anything?

When it comes to Master HOAs and subs, I'm out. It's like navigating a labyrinth.

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