Florida Condo Election

Started by LeoS1 • 7 replies • 2651 views

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LeoS1 (Florida)
Posts: 17

Posted:

Our Condo posted the notice for the election to the board and only received back canidate forms for the amount of directors. (3 canidates for 3 spots).

Will the second notice just indicate that these will be the Board members? and do we need to hold the meeting? It looks like you need 20% of the members to vote, but with this situation, do they still need to vote?

If we do have to hold the meeting and do not get the quorum, does the old Board stay on?

GlenL (Ohio)
Posts: 5,491

Posted:

Yes you still need to hold the election; someone could be nominated from the floor. If you don't have enough H/O to hold the meeting/election the old Board members would stay in office until they resigned or were replaced in a properly held election.

Studies show that 5 out of 4 people have problems with fractions

MicheleD (Kentucky)
Posts: 4,491

Posted:

We don't have the ability to nominate from the floor, but we still hold the elections even when fewer numbers of candidates run for the open positions.

It just makes it cleaner and easier later down the road.

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Leo,
According to the Election brochure (see attached) which is published by the Division...
"It is important to note that, for a regular election, balloting is not necessary to fill any
vacancy unless there are two or more eligible candidates for that vacancy. If there are not
more candidates than vacancies, then, not later than the date of the scheduled election,
the association must hold a meeting of the unit owners to announce the names of the new
board members or notify the unit owners of the names of the new board members, or that
one or more board positions remain unfilled, as appropriate under the circumstances. In
the alternative, the announcement may be made at the annual meeting."

Hope this helps,
Ann

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MaryA1 (Arizona)
Posts: 7,043

Posted:

Leo,

If there are 3 candidates for 3 spots, at the meeting the members may vote to elect those 3 candidates by acclimation, meaning a ballot is not needed. However this vote can only be taken if there is a quorum present. Otherwise the incumbents will stay in office until such time as an election can be held. Many bylaws state that if a quorum cannot be reached the meeting may be adjourned for a specified number of days then rescheduled at which time the quorum requirement would be half of the normal quorum requirement. Check your bylaws for a like provision.

CarolF (Florida)
Posts: 435

Posted:

Mary - Fl 718.112 states that if 20% of the members have voted it is a proper election, no matter what the quorum requirements are. Florida law and Arizona law seem to differ on this issue.

CarolF (Florida)
Posts: 435

Posted:

I should add that this is FL condo (718) law, not HOA (720) law.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Carol,

Thx! So, to answer Leo's question: YES, the members do have to vote and as long as 20% of the members cast a ballot or are there to vote by accilamation, it doesn't matter if the quorum requirement has been met or not. I think this is good because attaining a quorum seems to be a very big problem in many assn's. In fact, AZ passed a law requiring mail-in ballots a number of years ago to address this problem.

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