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JesseE1 (Florida)
Posts: 9
Posted:
So we have 1 seat up for election and the current holder wants to step down. We have sent out the proper notices and forms for any homeowners who would like to run for the seat. We are a 3 member board, as the HOA owns no property in the development (we are a part of a CDD, they own the common areas). Our quorum is 29, but the other two board members voted to have anyone who has not paid their annual assessment for the year to lose their voting rights until they pay, so the quorum will be less than that, I assume, come April 7th. My questions are:

Can the CAM tell us who has submitted a application to run for the seat?
If so, can the board member who has proxies for another homeowner tell that homeowner so they can make the decision of who the proxy holder should vote for, on their behalf?

I am not sure about the answer to the first questions, and I would feel the answer to the 2nd question would be no.
I appreciate your thoughts!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Your quorum may or may not go down. You will need to read the applicable section of your governing documents.
If the governing documents are silent, you would need to read the applicable section of the FL statutes

The CAM should inform the board who has submitted names (if anyone).

The Associations notice for the meeting should include the names of who is running for the board.

Your Association may utilize a general or a limited/directed proxy form to send to the membership to use if they cannot attend the meeting.

Regardless of which type of proxy form is sent, the member may always use their own form to identify and instruct the proxy representative how to cast their vote.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By JesseE1 on 03/27/2025 4:23 AM
Our quorum is 29, but the other two board members voted to have anyone who has not paid their annual assessment for the year to lose their voting rights until they pay, so the quorum will be less than that, I assume, come April 7th.


Is this a HOA subject to FS 720? Or is this a condominium?

FS 720 (for one) gives an HOA the right to suspend voting rights when certain conditions are met. Some of the requirements:

-- Was the latest set of board-created rules (including the rule suspending voting rights) distributed yada to all owners, pursuant to FS 720? "Notice" of a new rule is extremely important, say the courts (and common sense).

-- Does the board-created rule say that the owner has to be 91 days or more delinquent? According to the covenants, exactly when is the annual assessment due?

-- When some owners' rights to vote are properly suspended, yes, the number required to maintain quorum will change, pursuant to FS 720.305 (4). For example, suppose an HOA has 100 members. Seven owners have had their voting rights suspend. The bylaws say Quorum is 20%. The total voting interests is 93. Quorum is now 0.20* 93 = 18.6 . If the bylaws say each member has one vote, then 19 owners will have to attend (either in person, by proxy or possibly by absentee ballot) the annual meeting to make quorum.
JesseE1 (Florida)
Posts: 9
Posted:
We are a 142 SFH development, not a condo.
Yes to your question about the 90 days. Our annual assessment was due January 1, 2025.

The agenda for the annual meeting went out 3/17/25, along with the proxy sheet and the candidate info form. Our meeting is 4/7 and anyone wanting to run needs to turn the form in by 1pm that day.
Since they go to the CAM, I wasn't sure if the board was allowed to be told who had applied prior to the meeting. The CAM at our previous management company told us no. That was what I was checking up on with my question.
Thanks for your help!
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By JesseE1 on 03/27/2025 10:35 AM
We are a 142 SFH development, not a condo.
Yes to your question about the 90 days. Our annual assessment was due January 1, 2025.

The agenda for the annual meeting went out 3/17/25, along with the proxy sheet and the candidate info form. Our meeting is 4/7 and anyone wanting to run needs to turn the form in by 1pm that day.
Since they go to the CAM, I wasn't sure if the board was allowed to be told who had applied prior to the meeting. The CAM at our previous management company told us no.
Unless a power is reserved to the owners, the Board, not the CAM, has final say on all HOA matters.

I do not know how ballots can be printed; pre-election, meet-the-candidate town halls offered; and similar without knowing who the candidates are, including who had applied.

I keep in mind that applicants can be disqualified under Florida law. The CAM absolutely should not be vetting applicants without board input.

With some exceptions, association managers tend to be poorly educated and eager to pretend they know everything. (I grant that too many owners and directors also often have a terrible understanding of the legal implications of covenants, statutes etc.)

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