Florida HOA Board meeting Vote Date Extended

Started by GaryR16 • 11 replies • 244 views

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GaryR16
Posts: 6

Posted:

We had a board meeting Wed., May 22 at 4pm to tell of the voting results to set-up our own inhouse rental company. I mailed in my vote May 6 when I got my ballots.

I entered the Zoom session to hear the results and the Board members said they were going to delay the vote count until June 5 at 4pm in case more votes come in via mail or electronic voting. I heard we were 9 votes short on Wed. May 22 to pass the proposal.

Is this legal to delay this vote when the board sent out email and mailed ballots May 1 for owners to vote electronically or via U.S. mail?

It appears they delayed the vote to find 9 more owners to pass this proposal.

Your thoughts please.

GaryR16
Posts: 6

Posted:

Sorry, let me add:

The meeting to announce the voting results was entitled Notice of Special Members Meeting followed by Board Meeting to revise 2024 budget if the in-house rental cost meeting was passed in the Special Members Meeting.

TimB4
Posts: 20,986

Posted:

Once the meeting ended (was adjourned) then the polls were closed and the count should have happened.

What the board is doing opens the issue up to a legal challenge in court (if one is so inclined).

Until that happens, or if the board will listen to reason when questioned and do the right thing, the reality is that the decision will stand.

GaryR16
Posts: 6

Posted:

Thanks TimB4. The Board was very careful to say it was not a Board Meeting. A quorum was not met for the meeting. On top of that, they took a vote of the 13 people physically present to adjourn the meeting.

I can see this be adjourn again on June 5 if the passed number of votes needed to pass is not met. Gary

TerriS6
Posts: 3,265

Posted:

Do your governing documents allow members to adjourn the meeting and continue to a date specific if quorum is not met for the first meeting?

KerryL1
Posts: 14,519

Posted:

I'm wondering the same thing, Terri.

GaryR16
Posts: 6

Posted:

Thanks TerriS6, That was my next step with the lawyer on record.

DeanJ
Posts: 1,789

Posted:

This is not an uncommon HOA practice when a minimum beyond 50% needs to be met.

KerryL1
Posts: 14,519

Posted:

What IS quorum in your case, GaryR?

GaryR16
Posts: 6

Posted:

Kerry, quorum is physically present. Gary

KerryL1
Posts: 14,519

Posted:

What % of voters is a quorum in your HOA, Gary?

KerryL1
Posts: 14,519

Posted:

What % of voters is a quorum in your HOA, Gary?

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