RE Q&A: Must Condo Boards Send Candidate Info?4 min read
Also: Is it Okay to suspend voting legal rights for people today who haven’t paid their dues? And: A condominium board can make motions and normally takes votes through e-mail. That’s completely wrong, ideal?
STUART, Fla. – Concern: I are living in a condominium association. Our election is 30 times absent. I am managing for a seat on the board of directors. We just obtained the 2nd observe of annual assembly and election, which contained the notice, the ballot and the envelopes.
Having said that, the candidate facts sheets have been not incorporated. Isn’t the affiliation expected to mail out these candidate details sheets? – K.T., Boca Raton
Remedy: Candidates operating for a seat on the board of directors are not essential to provide applicant facts sheets. On the other hand, the prospect information sheets are usually the very best way for other unit proprietors to get to know the candidates as these sheets provide the board candidates’ qualifications and background. If a board candidate gives a candidate data sheet to the affiliation not fewer than 35 times in advance of the election, then the association is needed to send out the a single-sided 8 1/2 x 11 sheet with the 2nd recognize of election.
You have confirmed the prospect details sheets were not involved with the 2nd recognize of election. The Florida Administrative Code about condominium elections provides that if an association fails to well timed mail or produce the applicant information and facts sheets, it shall mail or supply an amended second recognize with an clarification for the require of the amended detect and include the applicant information sheets, as extended as the amended observe can be mailed or sent not fewer than 14 times right before the day of the election.
If the amended discover simply cannot be mailed or shipped not much less than 14 days just before the day of the election, then the association is needed to re-notice and reschedule the election.
If the election is nonetheless 30 days absent, the association even now has ample time to mail or produce an amended discover. I strongly really encourage your association to ship an amended second discover of election and incorporate the candidate facts sheets as speedily as feasible to prevent acquiring to re-see and reschedule the election.
Question: My homeowner’s association’s once-a-year assembly is coming up in the following 45 times. We always have a challenge hitting quorum. This calendar year, it is extremely critical that we not only hit quorum but also have as considerably participation as attainable since we are trying to get to amend some Declaration of Covenants and Bylaws provisions.
I heard there may well be a way to suspend voting legal rights for folks who have not paid their dues to the association. Is this genuine? Would it support with our quorum trouble? – S.A., Boca Raton
Answer: Indeed, your association might suspend the voting correct of an proprietor. Part 720.305(4), Florida Statutes will allow an association to suspend the voting legal rights of an owner for nonpayment of any payment, high-quality or other financial obligation because of to the association that is much more than 90 times delinquent.
The Florida Statutes also condition the suspended voting right shall not be counted for any intent, including, but not constrained to, the share essential to constitute a quorum, the percentage needed to perform an election, or the proportion essential to approve an motion pursuant to the governing documents. This usually means that the suspended owner’s voting ideal will not be counted to the calculation of quorum or the percentage needed to approve the proposed amendments to the Declaration of Covenants or the Bylaws.
The Florida Statutes are obvious that there is no have to have for a hearing to suspend the owner’s voting proper. Even so, if the affiliation needs to suspend an owner’s voting ideal, the suspension have to be accredited at a properly seen board meeting. Moreover, upon approval, the association ought to notify the operator and, if relevant, the lot’s occupant, licensee, or invitee both by mail or hand delivery.
Dilemma: My condominium’s board of administrators often e-mail every single other and will make motions and get votes by means of e-mail. Is this authorized? – B.B., Treasure Coastline
Respond to: It is a immediate violation of Section 718.112(2)(c), Florida Statutes for your board of directors to cast votes on an affiliation issue by way of email. This provision of the Florida Statutes makes it possible for the board of directors to converse by means of e-mail but specifically prohibits casting votes on an affiliation make a difference via e-mail.
I strongly advise you deliver the statutory reference to your board of administrators as their action is in direct conflict with Florida legislation. If the board refuses to observe the legislation, I endorse you talk to legal counsel about your alternatives in demanding the board to adhere to the specifications of the legislation.
S. Kyla Thomson, Esq., is a Companion of the Law Business Goede, DeBoest & Cross. The info presented herein is for informational functions only and ought to not be construed as lawful assistance. The publication of this write-up does not develop an lawyer-customer relationship between the reader and Goede, DeBoest & Cross, or any of our lawyers. Readers should not act or chorus from acting centered on the facts contained in this posting with out initially contacting an lawyer, if you have questions about any of the difficulties elevated herein. The hiring of an legal professional is a selection that should not be based entirely on commercials or this column.
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