Does FS 720 supersede? Director Election of Director

Question- Does FS 720 supersede?
At our recent Annual meeting, 2 members asked to nominate themselves from the floor for Board positions. To be voted on. One of the nominated (new Board member) prior to election opposed such an action. Members cited FS 720 etc. FL 720 says that a member may nominate himself from the floor and that FL Statute 720 takes precedence over our docs. He replied that the FL Stat says in the first sentence MUST (underlined below) be in accordance .... The 2nd sentence says "may" (underlined below) and that means that the 1st sentence takes precedence. I do NOT believe this & think it is simply a matter of grammar, rather than saying "can" the use of "may" is more grammatical. Can means "is able" as in physically can stand up. I did not get the opportunity to point this out to him, so run with it if you want.
FROM our Bylaws: Developer is / and has not been in the picture for years.
V. ELECTION OF DIRECTORS.
Nominations for the election of Board members (other than Board members appointed by the Developer) shall be made by the Nominating Committee described in Article IX hereof, or upon petition in accordance with Section C. of this Article V. The Nominating Committee shall make as many nominations as it shall in its discretion determine

FL Statutes 720.306
(9) ELECTIONS. Elections of directors must be in accordance with the procedures set forthin 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 voters cast be 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.

It was brought up that FL 720 says that a member may nominate himself from the floor and that FL Statute 720 takes precedence over our docs. He replied that the FL Stat says in the first sentence MUST (underlined above) be in accordance .... The 2nd sentence says "may" (underlined above) and that means that the 1st sentence takes precedence. I do NOT believe this & think it is simply a matter of grammar, rather than saying "can" the use of "may" is more grammatical. Can means "is able" as in physically can stand up. I did not get the opportunity to point this out to him, so run with it if you want.

Kenneth:

Where it says "MUST" needs to read the remainder of the sentence. It says--" MUST must be in accordance with the procedures set forthin the governing documents of the association." That means you follow what your governing Docs say and in your case, they say that nominations are from the nominating committee. The Statute says "MAY" nominate himself from the floor but is not required to be followed by an association IF the governing documents state otherwise--which yours do. Nominating committee rules here.

SB1129 newly passed and signed into law section 720:306. States Candidates may nominate themselves from the floor of the meeting at which the election takes place, or in the case where association documents allow for voting, by absentee ballot, candidates may nominate themselves in advance of the balloting. Went into effect 1 July 2010 a lot of arm twisting went into this massive change to 718 and 720 both. For our brothers outside Florida 718 covers condos and 720 covers HOA's...Have a Happy Birthday America

Jack