AsafY (Florida)
Posts: 55
Posts: 55
Posted:
Hi,
We are a new board (Florida) serving for the first year after last board served for 9 years and all quit.
We found few months back that the bylaws were not filed at the county only the covenants.
It was known to the complex but no one really raised any attention to it and honestly it slipped the board mind due to covid 19 and other day to day we all dealing with.
The board sent the annual meeting election notice this week and mentioned that this year (same as was done every year) we will go by the FS720 as the Bylaws were not filled.
One of the members responded (adding the entire community to the distro) that she is going to check with a lawyer if the board can be accountable for not filing the bylaws and claiming the entire election is not lawful. not sure what is she really trying to achieve as she didn't suggest anything but was on the attack.
What should the board do?
Involve a lawyer? Can the board be accountable ?
Do nothing and proceed as usual?
Following is the annual notice to members - anything wrong with it?
To All Homeowners,
This is a notice of our upcoming Annual meeting, scheduled on
Saturday, January 16, 2021, at 10:00 am CT. (As agreed at the last Annual
meeting)
This year due to COVID-19 the annual meeting will be held both virtually
and in-person with a limited number of attendees. We request all owners
who plan to attend the meeting to let us know by 11/10/2020 if they plan to
attend the meeting virtually or in person, based on attendance the HOA will
check for locations and update the owners.
The board would like to encourage all homeowners which are interested in
participating on the board (One member per parcel) to send their nomination
by 11/10/2020.
Voting Ballots will be sent to homeowners by 12/04/2020 and will be
counted at the January 16, 2021 meeting.
The meeting agenda and the 2021 proposed budget will be sent with the
Ballots by 12/4/2020.
Just to clarify, as it was pointed out by a member and verified in the public
records, the bylaws were never recorded in Walton county as
specified in 720.306. (1)(e). Therefore, the HOA will follow the 720 FL
statute (720.306. (9) see appendix A).
Following are the breakdown of the next steps :
1. Homeowner (One member per Parcel) send nomination by 11/10/2020.
(Reply to this email)
2. Homeowners who like to participate in person inform the board by
11/10/2020. (Replay to this email)
3. Ballots will be sent electronically to all homeowners by 12/4/2020.
4. Ballots should be sent back by homeowners to the HOA email prior to the
meeting or handed at the meeting itself to the secretary.
5. The Ballots will be counted at the meeting by the current board.
6. The new board will announce in the meeting right after counting the
votes.
7. The newly elected board will meet to elect directorsâ positions and
announce to homeowners.
Appendix A:
720.306 (9) ELECTIONS AND BOARD VACANCIES.â
(a) Elections of directors must be conducted in accordance with the
procedures set forth in the governing documents of the association. Except
as provided in paragraph (b), all members of the association are eligible to
serve on the board of directors, and a member may nominate himself or
herself as a candidate for the board at a meeting where the election is to be
held; provided, however, that if the election process allows candidates to be
nominated in advance of the meeting, the association is not required to
allow nominations at the meeting. An election is not required unless more
candidates are nominated than vacancies exist. If an election is not required
because there are either an equal number or fewer qualified candidates than
vacancies exist, and if nominations from the floor are not required pursuant
to this section or the bylaws, write-in nominations are not permitted and
such qualified candidates shall commence service on the board of directors,
regardless of whether a quorum is attained at the annual meeting. Except as
otherwise provided in the governing documents, boards of directors must be
elected by a plurality of the votes cast by eligible voters. Any challenge to
the election process must be commenced within 60 days after the election
results are announced.
Thanks in advance!
We are a new board (Florida) serving for the first year after last board served for 9 years and all quit.
We found few months back that the bylaws were not filed at the county only the covenants.
It was known to the complex but no one really raised any attention to it and honestly it slipped the board mind due to covid 19 and other day to day we all dealing with.
The board sent the annual meeting election notice this week and mentioned that this year (same as was done every year) we will go by the FS720 as the Bylaws were not filled.
One of the members responded (adding the entire community to the distro) that she is going to check with a lawyer if the board can be accountable for not filing the bylaws and claiming the entire election is not lawful. not sure what is she really trying to achieve as she didn't suggest anything but was on the attack.
What should the board do?
Involve a lawyer? Can the board be accountable ?
Do nothing and proceed as usual?
Following is the annual notice to members - anything wrong with it?
To All Homeowners,
This is a notice of our upcoming Annual meeting, scheduled on
Saturday, January 16, 2021, at 10:00 am CT. (As agreed at the last Annual
meeting)
This year due to COVID-19 the annual meeting will be held both virtually
and in-person with a limited number of attendees. We request all owners
who plan to attend the meeting to let us know by 11/10/2020 if they plan to
attend the meeting virtually or in person, based on attendance the HOA will
check for locations and update the owners.
The board would like to encourage all homeowners which are interested in
participating on the board (One member per parcel) to send their nomination
by 11/10/2020.
Voting Ballots will be sent to homeowners by 12/04/2020 and will be
counted at the January 16, 2021 meeting.
The meeting agenda and the 2021 proposed budget will be sent with the
Ballots by 12/4/2020.
Just to clarify, as it was pointed out by a member and verified in the public
records, the bylaws were never recorded in Walton county as
specified in 720.306. (1)(e). Therefore, the HOA will follow the 720 FL
statute (720.306. (9) see appendix A).
Following are the breakdown of the next steps :
1. Homeowner (One member per Parcel) send nomination by 11/10/2020.
(Reply to this email)
2. Homeowners who like to participate in person inform the board by
11/10/2020. (Replay to this email)
3. Ballots will be sent electronically to all homeowners by 12/4/2020.
4. Ballots should be sent back by homeowners to the HOA email prior to the
meeting or handed at the meeting itself to the secretary.
5. The Ballots will be counted at the meeting by the current board.
6. The new board will announce in the meeting right after counting the
votes.
7. The newly elected board will meet to elect directorsâ positions and
announce to homeowners.
Appendix A:
720.306 (9) ELECTIONS AND BOARD VACANCIES.â
(a) Elections of directors must be conducted in accordance with the
procedures set forth in the governing documents of the association. Except
as provided in paragraph (b), all members of the association are eligible to
serve on the board of directors, and a member may nominate himself or
herself as a candidate for the board at a meeting where the election is to be
held; provided, however, that if the election process allows candidates to be
nominated in advance of the meeting, the association is not required to
allow nominations at the meeting. An election is not required unless more
candidates are nominated than vacancies exist. If an election is not required
because there are either an equal number or fewer qualified candidates than
vacancies exist, and if nominations from the floor are not required pursuant
to this section or the bylaws, write-in nominations are not permitted and
such qualified candidates shall commence service on the board of directors,
regardless of whether a quorum is attained at the annual meeting. Except as
otherwise provided in the governing documents, boards of directors must be
elected by a plurality of the votes cast by eligible voters. Any challenge to
the election process must be commenced within 60 days after the election
results are announced.
Thanks in advance!