Amendment voting

75 % of ALL the owners whom have 1 vote. Some HOA's if you are not in "good standing" you may lose the right to vote for example board elections. It lowers your pool of eligible voters if have enough behind in dues.

One vote per property. When 2 or more names are on the deed, some HOAs require all the homeowners sign one ballot or the vote is invalid.

Got it. Back to your question:I interpret this to mean 75% of those eligible to vote (and not merely 75% of those who actually cast a ballot).

If per chance your bylaws have other sections speaking to the percentage of owners who must vote to pass such-and-such, then these might reinforce my interpretation above.

I would have to read the whole paragraph to offer an opinion as the citation provided could easily be interpreted two different ways.
I expect that the rest of the paragraph (or the full article) would clarify.

Are HOA members allowed to change their ballot decision after they have previously voted for new CCR's in Florida?

Once they submit a ballot - no.

If the action is up for another vote (i.e. the measure failed to pass, we will vote again next week) - yes.

In many, maybe most, states (e.g., CA), it does not matter when "voting is closed." In these states, ballots that are submitted are irrevocable, i.e., cannot be changed. What do the voting materials in your ballot package say about this, Kimberly?

Oh, I agree, starting a new thread is best.

Well, I see no point in citing CA statutes since it doesn't apply to FL. It was simply an EXAMPLE of a state where completed submitted ballots are not revocable. This has nothing to do with inspectors of election, so why further muddy this topic? And you say ballot are revocable in some cases of recall. But Kimberly did not ask about recall, so why add it??? I advised her to read her election materials, who very well may state if the ballot is revocable.

You're right, Elle, I do not know how many states permit owners to change their votes on their ballots-- many times perhaps? imagine the chaos-- after they submit completed ballots to a designated person or office. Tim also wrote -emphatically--the ballot is irrevocable. So he must know about Tenn., about which I think he's now familiar, OR remembers this topic in Virginia, where he was a long-time board member. My hunch is that HOA elections are more like our local, state or national elections in this regard.

But this might be determined by statute, or by an HOA's Bylaws, or possibly its Articles of Incorporation. Or perhaps by Board policy or resolution. In any case, WHEN balloting is "closed" as announced by the meeting presider or as otherwise specified in the ballots materials, has nothing do with revocability.

Unlike you, elle, I'm very slow at researching statutes. But I sometimes I get curious. I'm now not so sure you reviewed all of 720.308. Since I am curious, please provide the exact 720 Section citation of the recall ballots you referred to even tho, unrelated to Kimberly's question. The below citation refers to election of directors so I do NOT know if it applies to election to change the CC&Rs.

For HOAs (Not condos), 720.308 (8) (b) states: "IF the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information ... If the eligibility of the member to vote is confirmed and NO other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted."

What matters is: "...the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted." In other words, once turned in, the identifying envelope is removed and set aside. The person in charge of collecting and recording on an Owner's list that the eligible person has voted, places the now-unmarked secret ballot's envelope with ALL of the other unmarked secret ballots.

IF a voter wanted to change her vote, it is impossible to know which among 4 or forty unmarked envelopes is hers. The reality is her ballot is "irrevocable" IF all of the above applies.

KimberlyT4, is this a condominium subject to FS 718? Or a HOA subdivision subject to FS 720? Or something else?

Sure. It is called campaigning. There is a long and legal tradition at HOAs of calling and emailing owners to recruit votes.

Boards should not be advocating for issues AFAIC. Some states have more to say on this. But in Florida a director who makes phone calls wearing his/her owner's hat, advocating for xyz, is not something to which I would object.

I am not wild about this but I do not think there is firm legal ground to object.


I will assume this question is rhetorical.

Ask your questions at board meetings. Ask the board to be clear about when voting closes and when is the last day and time owners can change votes.

About amending CC&Rs in general: It is not unusual for boards to extend the voting period, so that they might rustle up more votes in favor of amendment. Hopefully the boards that do so are following the HOA's election rules and state statutes for doing so.