Election outcome help in FL

Started by RogerB8 • 5 replies • 309 views

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RogerB8 (Florida)
Posts: 2

Posted:

We have a unique situation...

We had a board member recalled earlier this year, with his term which was supposed to end in 6/2022 and someone was appointed to replace him.

Well back in April he decided to fight the recall, because some of the recall ballots were questionable.

Well when our new election time came up, the appointed person decided that she was going to run for one of the two positions that was being replaced this June. Again their appointed position was good for another year. But if the recall got overturned then they would be removed from the board.

Well the recall didn't get overturned. The appointed person decided to resign from the appointed position before the election. She felt that she would rather be elected by the owners that are appointed.

With this in mind when she turned in her application, no one told her she couldn't run.

Well she did win the election. Now our President and LCAM are telling us that we have to have another election.
This election will include all the people that were on the ballot. But the appointed person is considered ineligible for some reason.

They have yet to tell us the legal answer to why this has happened.

Our president was one of the positions that was up for reelection and they did not win.
So we think they are trying to stir up trouble.

Looking for some advice on this or where to look for advice.
Trying to stay away from spending money on an attorney.

Thanks

AugustinD
Posts: 3,698

Posted:

-- First, find out the difference between a HOA officer and a HOA director
-- Second, identify whether this is a condo subject to FS 718 or a HOA subject to FS 720, and review the applicable Florida statute.
-- Third, if you cannot do either of the above, then in my experience, you are stuck with hiring an attorney to explain things to you and your options.

RogerB8 (Florida)
Posts: 2

Posted:

Sorry, this is for a CONDO association.. My bad..

KerryL1 (California)
Posts: 14,550

Posted:

Did the appointed person ("Sue") resign from her appointed position as a director before candidates' applications were due?? If so, I see no reason why she could not be a valid candidate and get elected. Caveat, IF Sue met all other qualifications (if your Bylaws or FL has any).

If she resigned after the deadline to apply, she can't be on the board even elected.

If the PM didn't feel Sue somehow qualified, why was her name on the ballot?

PMs & Board presidents are are NOT attorneys. Moreover, if the prez ("Kim") lost the election, why does her opinion matter? Kim's off the Board, right?

Are you on the Board, Roger?

Keep in mind, agues distinction between officer and directors.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KerryL1 on 06/29/2021 8:55 AM
Did the appointed person ("Sue") resign from her appointed position as a director before candidates' applications were due?? If so, I see no reason why she could not be a valid candidate and get elected. Caveat, IF Sue met all other qualifications (if your Bylaws or FL has any).

If she resigned after the deadline to apply, she can't be on the board even elected.

If the PM didn't feel Sue somehow qualified, why was her name on the ballot?

PMs & Board presidents are are NOT attorneys. Moreover, if the prez ("Kim") lost the election, why does her opinion matter? Kim's off the Board, right?

Are you on the Board, Roger?

Keep in mind, agues distinction between officer and directors.

I think I agree......LOL

MaxB4
Posts: 3,513

Posted:

If the person wasn't qualified, how did their name get on the ballot? Either the inspector f elections or the nominating committee chair should be able to answer that question without batting an eye.

If she turned the form in late, again, why was her name on the ballot. If a new election is held and the person turns in a nomination form on time, if they meet the qualification requirements, then they should be able to run.

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