LaverneB
Posts: 128
Posts: 128
Posted:
I am not sure of the percentage of homeowners that have to vote to make it legal. I am in Florida, and it used to be 2/3 of the homes? But I hear now it is 50 % Can any one help me on this? [email protected]
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Elections
Started by LaverneB • 11 replies • 1479 views
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PeterB1 (Florida)
Posts: 257
Posts: 257
Posted:
According to FL Chap 720:
"Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests."
You really should access the document directly. You can find it here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%20720
"Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests."
You really should access the document directly. You can find it here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%20720
SusanW1
Posts: 5,197
Posts: 5,197
Posted:
A quorum is not the same as the needed vote to pass a motion.
A quorum is the number of persons present (in person or (ye-gads!) by proxy) needed for the organization to conduct business. No quorum, no business transacted.
The voting is based on the number of ballots presented for count. Sometimes the wording gets tricky. It can be based on voting members; number of homeowners, number of persons casting votes at the meeting, or number of votes received.
Bylaw amendments, budgets, assessments and elections MAY have a higher threshold for passage (67% or 2/3) than ordinary motions, which may pass by majority vote.
Your state, covenants, or bylaws may have some unique voting guidelines.
A quorum is the number of persons present (in person or (ye-gads!) by proxy) needed for the organization to conduct business. No quorum, no business transacted.
The voting is based on the number of ballots presented for count. Sometimes the wording gets tricky. It can be based on voting members; number of homeowners, number of persons casting votes at the meeting, or number of votes received.
Bylaw amendments, budgets, assessments and elections MAY have a higher threshold for passage (67% or 2/3) than ordinary motions, which may pass by majority vote.
Your state, covenants, or bylaws may have some unique voting guidelines.
LaverneB
Posts: 128
Posts: 128
Posted:
Guess I should have mentioned the voting is for 4 new Board of Directors seats.We have a 7 member board.216 homes. I will look up that statue. As I said I hear one saying it has changed to 50 % of homes?
DavidS23
Posts: 9
Posts: 9
Posted:
Speaking of elections---Our board is recruiting Canadian property owners in our resort to run for our board. I need some input!! I personally don't want a person from another country representing me!
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Laverne,
You need to go to your Articles of Inc or your ByLaws and find the statement on QUORUMS FOR MEETINGS. That will be a percent of your total membership.(216 homes) for a quorum. It could be 30% or half or whatever.
If you do not have that, then the number of members and/or proxies needed to have a legal meeting is 30% of your total 216 homes or 65 people or proxies to have an annual or election meeting.
Once your quorum is obtained,(30% or ?) then to elect new Board members does not need any percentage to vote in any Board member. You just need to have the majority of votes cast to elect any Director.
LaverneB
Posts: 128
Posts: 128
Posted:
Found old By-Laws, that states 2/3, but i thought the State of Florida, Sunshine laws was or did change it to 50 per cent of home owners.
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Laverne,
Your governing Documents state that a 2/3rds of the membership is required to vote positive to change any of your CC&Rs. That is what you must follow.
The Sunshine Laws DO NOT have anything to do with HOA associations in regards to voting and CC&Rs. That is Florida Statutes 720 which your association is required to follow. Below is the statement from--
720;306-(b) (b) Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.
If you are a condo association, that will be under Fl. Statutes 718 and is the same wording.
SusanW1
Posts: 5,197
Posts: 5,197
Posted:
But Donna - what is
"affirmative vote of two-thirds of the voting interests of the association."
What is a "voting interest?"
Member? Homeowner? 2/3 of the persons voting at the meeting? or 2/3 of the homeowners?
"affirmative vote of two-thirds of the voting interests of the association."
What is a "voting interest?"
Member? Homeowner? 2/3 of the persons voting at the meeting? or 2/3 of the homeowners?
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Susan,
"Voting Interests of the association" are the owners or holders of the Deeds on record. In other words, the listed owner of the lot, unit or property.
The key wording in the statute is ---"UNLESS THE GOVERNING DOCUMENTS REQUIRE A LOWER NUMBER, Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association
And it further states--"2/3rds of the voting interests of the assoc." Voting interests being all owners of or on record. All owners/members have 1 vote per lot and this is the voting interest of the association..
LaverneB
Posts: 128
Posts: 128
Posted:
WE HAVE MANY EMPTY HOMES FOR SALE ESTATE SALES. NOW THEY CAN NOT VOTE SO DO I SUBTRACT THAT FROM THE COUTING OF VOTES? BIG CHANGE IN OUR COMMUNITY AND NOT FOR THE BEST SOME OR ALOT COULD CARE LESS AND NEVER SEND IN THE BALLOT
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
Laverne,
You have many empty homes, yes, but they still have owners and those people are entitled to vote. ONLY AND UNLESS they are members NOT in good standing which means that they are in arears in their HOA dues. Your previous post is asking about them. Once they have been leined or are not paying their association fees, they become members not in good standing and lose their voting privledges.
Your numbers for voting remains the same. You cannot subtract the empty units from your total because someone does own them, even if it is a bank or other institution, they are owned.
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