A homeowner walked into a meeting with 50 proxies and asked for 50 ballots but was turned down. That might be okay for an HOA election – but not a condo board.
STUART, Fla. – Question: At our recent HOA election, an owner walked in with 50 general proxies and asked the management company for 50 ballots. The management company refused, arguing that proxies could not be used for this purpose. Is this correct? – Y.H., Boynton Beach
Answer: I should note that the law on this topic is very different under the condominium statute compared to the HOA statute. In condominiums, proxies may not be used in the election of directors. In other words, the owner must cast the secret ballot.
In a homeowners’ association, Chapter 720 does not prohibit the use of proxies in election. This means that a proxy may be used in the election of directors unless the governing documents specifically prohibit the use of proxies in this context. So, when an owner walks into the annual meeting with 50 proxies, there is merit to a request for 50 ballots but you must first analyze the bylaws to determine whether proxies are prohibited. For this reason, we recommend you consult a licensed Florida attorney to provide an opinion based on the appropriate statutes and governing documents.
Question: Our condominium recently painted our buildings and the cost was much more than the board anticipated. The owners voted to allow the board to use other reserves to fund the shortfall but the board is not adjusting the budget to catch these depleted reserve accounts up. Can the board underfund the reserves now indefinitely? – A.B., Stuart
Source: Fla. Law: Proxy Votes Differ for HOAs vs. Condo Boards
