votes/proxys/asessments-florida

Started by SteveC4 • 5 replies • 1160 views

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SteveC4 (Florida)
Posts: 154

Posted:

Hello: I would like to get a solid answer on this if I can,would like to know the correct answer....IM in Florida townhouses 28-units....when being assesst an increase ....is it alway at all times to what ever amount of proxy's they collect and they count the yes and no's and then they decide or must it at all times have to collect a certain amount of votes from the total of the 28-units.

RW1 (Texas)
Posts: 149

Posted:

Solid answer not possible.

Generally speaking, and in my community...

Meetings require a quorum of eligible voters to be "legal". This may be Board members or general membership depending on the issue(s) or type of meeting.

A quorum may be established in person or by proxy. Having said that, the Board may not conduct business by proxy. A quorum of Board members must be present.

Next is the issue of the amount of required votes to "pass" the issue being voted on. In some cases it may be 51% or 66% of total membership or of just those members present.

Board meetings require a simple majority of the Directors present (as long as there is a quorum!).

Votes are public except for those to elect the Board. Those are secret or anonymous.

RW1

DonnaS (Tennessee)
Posts: 5,671

Posted:

Rarely does the general ownership get to vote on assessment as this is something that the Board has decided to do. A budget or financial meeting should have been held or a mailing to the residents, explaining what is happening as for expenses to warrant an increase.
Given a choice, no one would vote for higher fees, so generally, that is Board responsibility and not an option for the owners.

NancyD1 (Florida)
Posts: 447

Posted:

Quote:

Posted By SteveC4 on 09/29/2007 9:30 AM

Hello: I would like to get a solid answer on this if I can,would like to know the correct answer....IM in Florida townhouses 28-units....when being assesst an increase ....is it alway at all times to what ever amount of proxy's they collect and they count the yes and no's and then they decide or must it at all times have to collect a certain amount of votes from the total of the 28-units.

SteveC,

Is this an assessment for a repair or replacement of a common element, or the yearly HOA fee? Since it is that time of the year (budget) I am going to assume that it is the yearly fee. You do not need any vote on the budget (from homeowners)and any future increases. The BOD has to either send out the proposed budget or have it available in the office. Then you hold a budget meeting. This requires 14 day public notice to all. Then the BOD vote and ratify it.

If it is for an assessment for a common element it is the same procedure.

Who would vote for an increase if they had a choice? The board has to protect the interests of the HOA.

The above is what FL 720 says.

SteveC4 (Florida)
Posts: 154

Posted:

Hello NancyD1; its a 50.00 monthly increase for all 28 units and the extra 50.00 they will keep aside for repairs on the outside of the units...and its a perm increase not a short term.

NancyD1 (Florida)
Posts: 447

Posted:

Steve, The first $50. is going for your regular Maintanence Fee. The second $50. is for the Reserve Account. This is a pretty hefty increase per month. Did the board present these increases with the whole budget? What are the increases for? In years past did they not calculate enough?

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