Post by Admin on Jan 18, 2019 13:35:13 GMT -5
It is not presented according to FL statutes. It is formatted incorrectly. As of July 31, 2018, 720.306 requires:
The amendments to Section 720.306 require any proposed amendments to the HOA’s “governing documents” [2] to be presented to members in a traditional method that transactional attorneys are very comfortable with, namely strikethrough and underline format. Any additions must be underlined and deletions stricken in this manner to assist in the members’ understanding of the amendments prior to voting. The new provision also provides an easier method if the proposed amendments are so extensive that this scrivener’s method actually hinders the understanding of the proposed amendments. The revised statute further clarifies that: amendments by a vote of the members of the association take effect when recorded in the public records in the county in which the community is located; any immaterial errors or omissions in the amendment process do not invalidate an otherwise properly adopted amendment; and member meetings under this section must be delivered/mailed to the parcel owners’ address as reflected on the relevant county property appraiser’s website or by electronic transmission if the particular owner has consented in writing to receive electronic notice.
The entirety of the original provision must be presented. Question ONE is entirely a NEW covenant! It must be entirely underlined. It is not a revision. Any deletions must be stricken with a linethrough and any additions or changes must be underlined.
That is not consistent with the statute, which requires the above format be used.
The entire ballot package is done incorrectly and not according to the applicable statute. For that reason alone, I would vote NO on everything. If it happens to be passed, it will simply be an invalid ballot and all changes null and void.
Here is the statute:
720.306 (1)(e) A proposal to amend the governing documents must contain the full text of the provision to be amended and may not be revised or amended by reference solely to the title or number. Proposed new language must be underlined, and proposed deleted language must be stricken. If the proposed change is so extensive that underlining and striking through language would hinder, rather than assist, the understanding of the proposed amendment, a notation must be inserted immediately preceding the proposed amendment in substantially the following form: “Substantial rewording. See governing documents for current text.” An amendment to a governing document is effective when recorded in the public records of the county in which the community is located.