Recounts: Difficulties Correcting HOA and Condo Election Ballot Count Errors After the Annual Meeting

Morrell.Clinton_thumb_@1xFloridians who were of age during the 2000 U.S. Presidential election know firsthand how controversial close elections, disputed results, and recounts can be. Disputed homeowners’ association and condominium association elections can be just as disruptive to the community. Since community associations are statutorily required to retain election materials for a period of time, one natural response to a disputed ballot count is to recount the election materials to determine proper results. However, arbitration decisions from the Florida Department of Business and Professional Regulations’ Division of Condominiums, Timeshare and Mobile Homes (“Division”) cast substantial doubt on whether a community association, itself, may conduct a recount or correct election errors after conclusion of the annual meeting except when ordered to do so by the Division. Continue reading

Condominium and HOA Board Certification Training March 20, 2019 or April 17, 2019

Join us on either March 20, 2019 or April 17, 2019 for Condominium and HOA Board Certification Training.  Shumaker is a division-approved education provider and this class will satisfy the requirements of Fla. Stat. §§ 720.3033 and 718.112 if completed within 1 year before or 90 days after being elected or appointed to the board. RSVP@slk-law.com to reserve your spot today!

BOD

 

Voting by E-mail and Written Consent

Recent amendments to section 720.303, Florida Statues, which take effect July 1, 2018, Continue reading

Homeowners Association Director Nominations in Advance of the Annual Meeting

Traditionally, all phases of homeowners association board of directors elections, including nominations, voting,

Morrell_Clinton

Clinton Morrell

and vote counting, are conducted at the annual meeting. However, the time consuming nature of this process has led some homeowners associations to require nominations prior to the annual meeting instead of “from the floor” at the meeting. This saves time at the annual meeting by allowing the Association to confirm the eligibility of the candidates ahead of time. Continue reading

“Sunshine Laws” Do Not Apply to Community Associations (Open Meetings are Still Required)

Frequently, there are complaints by association members regarding violations of Florida’s Sunshine Laws, Chapter 286, Florida Statutes, which mandates public access to Continue reading