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MelanieT (Florida)
Posts: 1
Posted:
We are a condo with 120units and 5 board members, 2 of which have been there for 20 years. 3 months ago we found out about a $30,000 per unit assessment that was approved by the board yet no homeowners were notified or invited to a meeting to discuss. The board was discussing signing a contract. We subsequently obtained over 70 signatures on a petition to stop the contract. The board ignored it and said they hadn’t signed the contract and had no plans to, however it was their decision alone to do so. Within the following three-week period we obtained Recall ballots for all 5 board members by 51% of homeowners (we now have more) and also attached profiles for all 5 replacement board members. The board and cam were served last Thursday but continued to hold a scheduled board meeting discussing the $30,000 assessment last Saturday. On Sunday we found out that the board was calling homeowners to encourage them to withdraw their recall ballots by signing a form they would send to them. Some home owners have reported this to us saying they had no desire to resend their vote. Can the board do this? Is this legal? We followed all the rules but considering there are a majority of homeowners that live out of town many signed by docusign. Th ballots gave the option to ask out one or all of the five board members to be recalled and one or all five of the new board members to replace them. During the meeting Saturday two days after the board was served the recall ballots one homeowner asked about the recall and the attorney for the board who was present jumped in to state “the recall is not valid!” and immediately shut us down. We had our own attorney review the ballots and we were not told of anything that could be challenged. What could they possibly dispute?
SheliaH (Indiana)
Posts: 6,964
Posted:
People can do anything, but the real question is whether any of it will stick - and how far each side is willing to go to get what they want. When it comes to recalls, it's important to review your documents to see what's required and make sure you follow it so the board can't withstand or contradict it.

Personally, I would have called the meeting first, let both sides present their issues and THEN the homeowners could have voted on a recall. This way, the board can see for themselves (live and in color) people don't like them and they need to go on and step down. There appears to be strong support for your side, so perhaps you could have a special meeting and let people vote again. You get the numbers and that's that. Of course, you may need to see that all the voters haven't had their rights suspended for delinquencies - that could be part of what the association attorney means about the recall not being valid

Since both sides have an attorney, you could ask your attorney to send a letter to theirs, but the back and forth may lead to legal action over the ballot. That takes too long, so I'd schedule the special meeting and make sure enough people show up to vote - if you find some people had their rights suspended, you would still have the numbers to let the vote stand.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
Oh, and next time, please write in smaller paragraphs - the huge blocks of verbiage can be hard to read.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MelanieT on 06/08/2020 1:17 AM
3 months ago we found out [snip ... ] Within the following three-week period we obtained Recall ballots for all 5 board members by 51% of homeowners (we now have more) and also attached profiles for all 5 replacement board members. The board and cam were served last Thursday but continued to hold a scheduled board meeting discussing the $30,000 assessment last Saturday. On Sunday we found out that the board was calling homeowners to encourage them to withdraw their recall ballots by signing a form they would send to them. Some home owners have reported this to us saying they had no desire to resend their vote. Can the board do this? Is this legal? We followed all the rules but considering there are a majority of homeowners that live out of town many signed by docusign. ...
During the meeting Saturday two days after the board was served the recall ballots one homeowner asked about the recall and the attorney for the board who was present jumped in to state “the recall is not valid!” and immediately shut us down. We had our own attorney review the ballots and we were not told of anything that could be challenged. What could they possibly dispute?
I think the docusign may be the grounds on which the HOA attorney is resting his or her position. Did your group comply with everything listed in Florida Statute section "718.128 Electronic Voting"?

If your group and its attorney feels every i was dotted and t was crossed, then prior to filing suit, Florida statute section 718.1255 requires the dispute to be settled by an arbitrator via the the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. The Division's web site has more information on this.
AugustinD
Posts: 5,144
Posted:
More on the use of electronic signatures in Florida condo recalls --

-- An owner’s “signature was an electronic signature. It was simply the owners’ full name in a cursive font. This is not a signature and the ballot is also invalidated.” See
https://www.jimersonfirm.com/blog/2018/10/how-to-analyze-a-condominium-board-member-recall-in-florida/ and Division arbitrator decision, rejecting a ballot with an electronic signature, at http://www.myfloridalicense.com/dbpr/lsc/arbitration/allorders/2014003018.pdf . I have concerns about the arbitrator's ruling here. Florida's Electronic Signatures Act seems to conflict with the arbitrator's ruling. As interested, see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0668/0668.html . But the OP needs results. I think it would be best to redo the vote but without using docusign. Mail a form like the board did, but complying with the Division's requirements for recalls. The OP's attorney should have known this, IMO.

-- Form to use for condo recalls: http://www.myfloridalicense.com/dbpr/lsc/documents/recallprocedures.pdf

-- Florida Administrative Code on Recalls: http://flrules.elaws.us/fac/61b-23.0028

-- Floridian GenoS will hopefully chime in with his wealth of experience on Florida condo recalls.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Melanie

Did you have legal advice while doing all this or just a bunch of pissed people that signed some non-legal made up doc?
SueW6 (Michigan)
Posts: 814
Posted:
Please reprint the exact wording of the ballot.
WilliamK8 (North Carolina)
Posts: 10
Posted:
Quote:
Posted By JohnC46 on 06/08/2020 1:12 PM
Melanie

Did you have legal advice while doing all this or just a bunch of pissed people that signed some non-legal made up doc?

You sound constantly delightful.
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By WilliamK8 on 02/02/2021 4:45 PM
Posted By JohnC46 on 06/08/2020 1:12 PM
Melanie

Did you have legal advice while doing all this or just a bunch of pissed people that signed some non-legal made up doc?


You sound constantly delightful.

I thought that's how you roll in the Carolina's.
WilliamK8 (North Carolina)
Posts: 10
Posted:
Quote:
Posted By JohnC77 on 02/02/2021 5:00 PM
Posted By WilliamK8 on 02/02/2021 4:45 PM
Posted By JohnC46 on 06/08/2020 1:12 PM
Melanie

Did you have legal advice while doing all this or just a bunch of pissed people that signed some non-legal made up doc?


You sound constantly delightful.


I thought that's how you roll in the Carolina's.

I forgot to add the obligatory LOL to signal i'm teasing. oh well. LOL

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