ARBITRATION

can't give you much positive thoughts. Arbitration is risky: you tossed the die and came up short, and there is little to do about it other than start over.

Much like the common response to unhappy homeowners, this applies: You signed a contract (when you agreed to arbitration). You can't do anything now simply because you don't like the results.

Carolyn,

Boy, Lots of issues going on here. Do not get discouraged because the Arbitrator did make the correct calls.

Number 1 issue.--Proxy Voting--From 720;306 (8)
(8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. (I removed the rest of the paragraph to make this easier)
YOUR DOCS DO NOT DISSALLOW PROXIES AND YOU QUOTED THE STATUTE WRONG " YOU SAID THAT UNLESS THE GOV DOCS STATE OTHERWISE, PROXIES ARE **NOT*** ALLOWED. THAT IS NOT WHAT THE STATUTE SAYS. IT SAYS ALLOWED

Number 2 issue. The Statute says suspension can begin ONLY after 90 days delinquency and you did 30 days.The Statute is 720;303 (3)

(3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.

MY FIRST ADVICE TO YOU IS TO GET YOUR ENTIRE BOARD TO READ YOUR DOCS AND COMPARE THEM TO THE STATUTES. This sounds to me like basic lack of Knowledge from your Board as to what each say. If you cannot understand your own CC&Rs, then you might be fighting against a group that does know and understand them. Mount your own campaign to get a better Board and get everyone involved.

I also think that your statement about a Developer wanting to come in might be a little paranoid. tHE COMMUNITY IS CONTROLLED BY THE ENTIRE MEMBERSHIP, NOT JUST SOME ROGUE BUNCH

(9) ELECTIONS.--Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association shall be eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings shall be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division.

Carolyn, you need someone to look at your bylaws and CCRs and see if they are in agreement or at least dovetail into the latest State Statutes.

Do you have a bylaw committee? How old are your bylaws.

Ask for help to set things right. Find a real estate lawyer who may be able to help you find a consultant to help out.

Tom,

Carloyn's Board has already done Arbritation (720;311) and they were given opinion that they were in error with the items that they went to the mediator with. As I read what was posted, I see NO valid reason for an appeal. That is what they paid the Mediator for, and that is an opinion and interpretation of the issue brought before him. He is trained in knowing the Statutes..

The Articles of Inc will not deal with ByLaws but just states that the Association will be governed by Protective Covenants and Bylaws. Their Bylaws are not in compliance with the State Statutes and they need to be corolated with them. The State Statutes rule over the association Bylaws.

I am glad to read that your Board went to a training session for the new Board members. The new HOA and Condo bills will require Board members to go to education sessions to learn how to read their Docs and the Statutes. At last there is some progress being made in that part of Board member knowledge.

HOW ABOUT JIM? (Reading too many posts)

Hehehe. Me, too!

I was thinking that I somehow missed one and was thinking my vision was going!

Sorry! My bad!

Tom,
Are you talking about 718, the Condo Statutes not addressing Proxy voting? Correct, they DO NOT. 720 certainly does have it included

720;306---(8) PROXY VOTING.--The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy. To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.