Florida doah hoa hearing

Started by RichardC29 • 12 replies • 165 views

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RichardC29 (Florida)
Posts: 37

Posted:

The consent ballots dident have all owners sign them ,should they be disqualified .if the consent ballots don’t have dates on them should they be disqualified.if the ballotts are unreadable how could the be verified consent ballots

ElleN (Idaho)
Posts: 4,420

Posted:

Define "consent ballot."

I see no such phrase in state statutes.

I believe this is an FS 720 HOA where revitalization is being disputed.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Do you mean a directed proxy?

RichardC29 (Florida)
Posts: 37

Posted:

It says consent in 720,406 6 .it is a revitlization petition .it’s in doah.my question is if the ballots weren’t signed by all owners of record should those ballots be voided along with the undated and unreadable consent ballots.

RichardC29 (Florida)
Posts: 37

Posted:

Unless your familiar with fs. 720 revitlization requirements in fl you won’t know the reply to the questions

ElleN (Idaho)
Posts: 4,420

Posted:

I get it. The OP thinks everyone here speaks "Florida-ese."

My google translator says "DOAH" means the Florida Division of Administrative Hearings. It appears the OP is speaking of the requirement that a majority of owners consent to revitalization per 720.he-does-not-care. The DOAH needs

A verified copy of the written consents of the requisite number of the affected parcel owners approving the revived declaration and other governing documents or, if approval was obtained by a vote at a meeting of affected parcel owners, verified copies of the notice of the meeting, attendance, and voting results;

See FS 720.he-does-not-care.

"Verified" is a legal term of art that the OP should look up. I think what is needed for "verification" is somewhat state and court-dependent. It is generally not a big deal.

RichardC29 (Florida)
Posts: 37

Posted:

Very few lawyers deal with doah petitions in Florida .

RichardC29 (Florida)
Posts: 37

Posted:

The question says if not familiar with fl doah you won’t know the answers

RichardC29 (Florida)
Posts: 37

Posted:

If your not in Florida and don’t understand administration courts you can’t answer the question .the Florida statutes mean one thing to a judge another to a lawyer and another to a petitioner

RichardC29 (Florida)
Posts: 37

Posted:

If your not in Florida and don’t understand administration courts you can’t answer the question .the Florida statutes mean one thing to a judge another to a lawyer and another to a petitioner

ElleN (Idaho)
Posts: 4,420

Posted:

But many lawyers serve Florida HOAs and deal with authenticating ballots.

It is possible DOAH has some state regulations on this subject. But identifying if this is so will cost you another $1000 of monopoly money.

All FS 720 revit sections say on about the revit vote is that FS 720.306 procedures must be followed.

I see nothing requiring ballots to be signed and dated. Proxy forms on the other hand do have to be signed and dated.

RichardC29 (Florida)
Posts: 37

Posted:

Fs 720.406. Says written consents

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RichardC29 on 01/29/2024 1:18 PM
Fs 720.406. Says written consents

Doesn't say signatures.

RichardC29, you could certainly lawyer up and challenge the ballots, especially if there was little official-dom when voting and collecting ballots.

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