Voting Proxy Forms

Hector

How do people get nominated in your HOA? This will determine how to draw up a proxy for your usage. Such as:

This Proxy Nominates and votes for So and So to be on the BOD might suffice. It would in my HOA.

Is there a reason why you can't wait until the meeting is actually announced and see if proxies will be distributed at the time? Once they come out, you could encourage people to complete and turn them in so There will be a meeting and proper quorum with which to hold it. And cast votes, if the proxies are to be used for that as well.

Well, you have to follow your governing documents, so it seems to me if the board is trying a power play by sending out proxies and not giving people enough time to return them, the next step is to encourage as many people as possible to attend the meeting. It's a lot harder to blow off people to their face as opposed to saying something like "whoops, we can't accept your proxy because it didn't arrive by the deadline." Although there are examples of proxies (as Tim posted), your proxy should be unique to your community, so downloading and photocopying something won't work.

By the way, 2/3rds of 548 homes sounds like a lot for an annual meeting quorum - are you sure you didn't read something that requires this for a change to the documents? The number of people needed for an annual meeting might be smaller.

If you already have like-minded neighbors, all of you can go out RIGHT NOW and canvass the neighborhood, encouraging them to attend the meeting, or completing and returning the form immediately. For the off-site homeowners, you may need to call or visit them (if they live in town) - if you want to sack this board, you're going to need some of them to complete and return proxies or at least show up to this meeting (it's only once a year).

Proxies usually authorize someone to attend the meeting and vote on the owner's behalf, so be sure you read it carefully. Our proxies also allow us to nominate ourselves or someone else to run for a spot on the board, so if you have any candidates, they should be going out to encourage participation as well. Once again, read your documents carefully to see what they say about proxies and elections. You need to know the rules better than the board in case they try to do something inappropriate.

HectorR, in the past you have indicated your HOA is subject to FS 720. In the past GenoS pointed out to you that for annual members' meetings, the number for quorum is 30%, unless the Bylaws say it is lower. See . FS 720.306(1)(a) at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Credit to GenoS for pointing this out to you two years ago at https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/259886/view/topic/Default.aspx

HectorR, what gives that you would think the number is 2/3rds?

I think GenoS was a huge loss for this forum. I know I could count on him to give excellent citations and so substantively helpful suggestions.

HectorR, FS 720.306 sets the maximum allowed quorum at 30%. The HOA needs 0.3 * 548 homes = 164.4, meaning 165 homes minimum must cast ballots.

One more question, since I do not have the date for annual election, can I fill in the dates on the signed proxies? I starting collecting signatures on this Saturday.

I was just informed by the property manager that the annual elections will be held via a zoom meeting.
Why cant they have a in person meeting with social distancing,who is going to count the ballots?
I truly feel that we will have an amazing turn out this year and finally replace the current board.
What can I do?

Why don't you ask the board? You didn't say if you're a candidate - if you aren't, you could volunteer to be one of the counters or an observer to ensure the ballots are being counted properly, similar to a poll watcher (I've done that a few times for primary and general elections).

With this new variant of COVID, there's more at stake than social distancing - people have to wear masks, and to do social distancing properly, you need a large room for everyone (even the board members will have to social distance and wear masks). Are you willing to find a place if you don't have a clubhouse or it's too small? After the meeting, the room has to be cleaned and sanitized - are you willing to volunteer? You can volunteer for all that if you like.

Just because the meeting is on Zoom doesn't mean the ballots can't be counted in front of everyone - you can ask the board about that too. I'm thinking the ballots should be in a separate location with the counters (at least three, depending on the size of your community and how many ballots are returned). I'd also have two people present to watch the entire process to ensure it's done properly.

The ballots should be in a box which should be sealed and not opened until it's time for the election and then opened in front of everyone.
The counters will hold up each ballot as they're counted, read off the names of the candidates (someone else can keep a running total). Count the ballots again after all are opened to verify the total number sent and the number for each candidate.

If this is not happening on meetings of the owners happening by Zoom, then the problem is not Zoom. It is whoever is handling the moderation of the Zoom meeting.

IF, and a big if, like CA, there must be a camera on the vote tabulators (Inspectors of Election in CA) so that Owners can observe the ballot tabulation during Zoom meetings. Does FL have anything similar?

Laska, in CA & perhaps in FL, the annual meeting is generally for elections. It's not a gripe session for Owners. And in many states, nothing can be discussed at the annual meeting except what is noticed on the posted agenda. Indeed, if owners want to gripe, they should do that at their HOA's board meetings IF in an open meeting states like yours. But this is not the O.P.'s issue.

ha ha.. augustine, i've been coming to the boards a long time.. the problem is definitely with the board and the lack of transparency and making up rules as they see fit.

HectorR, you need the location, date and time of the meeting. The notice is supposed to provide this. FS 720 says:


The bylaws shall provide for giving notice to members of all member meetings, and if they do not do so shall be deemed to provide the following: The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.

What do your bylaws say about notice for the annual meeting?

How come you are not routinely looking up answers to your questions in FS 720? It's hard for me to believe you have not learned this yet.

HectorR, two threads in the past have explained to you that FS 720.311 has procedures for a person to seek resolution of disputes, including election disputes. You can read FS 720.311 at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

You keep saying "if" - instead of wasting energy wringing your hands, wait until you have something positive to go on, and then file a complaint as has been suggested. I know from previous posts you've had your issues with your board - I would think it would be silly for them not to send you the proxy, which would give you another reason to go at them.

If it comes to legal action, there's always small claims court, which is cheaper and you can ask that your costs and attorneys fees, if any, be reimbursed if you win your lawsuit.

?

I think you maybe forgot that small claims court in Florida and many locales is strictly for people who are seeking money below a certain amount. Down the road here HectorR would not be seeking money. He would be seeking an order for the HOA to run the election per the covenants and state law. He'd likely have to go to a state court.

But if he reads the statute section cited (again), he will see there's another route.

Thank you JohnC46 for your response, yes I have been provided with the forms on this post from TimB4 but I was not sure if the HOA Attorney and the board would try to say that they are no valid.
In this case, i will prefill the candidates for the board and start my walk in the community collecting signature.

That will be there first line of defense. Might have to get an attorney involved.

Hector

I expect their first lie of defense will be to try and reject your proxies for some reason. Also the lates dated/signed proxy is the one that has to be accepted.

Bottom line is, I doubt your BOD will give up easily. Be prepared to need legal help.

GenoS left when GeorgeS21 left (or was banned?). I think their both leaving at the same time was not a coincidence.

Thanks, it seems like anytime I ask where someone has been, I find out terrible Covid-related news. I am almost afraid to ask anymore. He was a wealth of knowledge for sure.

Allison