Post by Admin on Mar 2, 2014 7:05:31 GMT -5
(9) ELECTIONS AND BOARD VACANCIES.—
(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are 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; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any cH allenge to the election process must be commenced within 60 days after the election results are announced.
Editors Note: The Statute totally defers to our governing documents which is too bad since our governing documents have been altered without explanation over the years. When brought to the attention of the Board, the questions were dismissed without rational examination, heralding the New Age of Participation "You are beating a Dead Horse".
Elections of Directors is ONE of ONLY TWO areas of HOA business where the State of Florida (Dept of Business Regulation) will intervene in Association Business and accept complaints and make rulings! (The other area is RECALL of Directors). Members have only 60 days following the election to file a complaint with Florida.
(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.
Editors Note: SLohA is silent on this, so the Statute is what SLohA must observe. This is an example of a "procedural" or curative/remedial law and in the broad public interest.
(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.
Editor's Note: This states that if an HOA files an election complaint, it will be investigated and adjudicated under the terms of the condomium law; HOA's are very much behind condos in the laws and do not have their own provision.
The Statute defers to SLohA docs on other matters. Vacancies are to be filled by nominations of the Nominating Committee from each vacating SLR district. If they do not do so, the sitting board may add names sufficient to equal the # of vacancies.
If a vacancy occurs DURING the term, the Board can appoint someone to fill it. SLohA has a somewhat complicated way of calculating how much time an appointed Director can serve; it can be less than one year or less than 2 years depending on when the vacancy occurred.
SLohA's Election Bylaws regarding "districting" have disappeared from the recorded bylaws. And, the term of office was changed, contrary to election results, from a 2-year term to a 3-year term. Nobody that I have talked to recalls an Amendment ballot on the districting and, of course, one only need read the Minutes of the 2007 Annual Meeting to know that the 3-year term was defeated by Members.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
History.—s. 38, ch. 92-49; s. 56, ch. 95-274; s. 4, ch. 96-343; s. 1718, ch. 97-102; s. 47, ch. 2000-258; s. 4, ch. 2003-79; s. 22, ch. 2004-345; s. 19, ch. 2004-353; s. 13, ch. 2007-173; s. 25, ch. 2010-174; s. 19, ch. 2011-196; s. 17, ch. 2013-188; s. 4, ch. 2013-218.
Note.—Former s. 617.306.
(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are 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; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any cH allenge to the election process must be commenced within 60 days after the election results are announced.
Editors Note: The Statute totally defers to our governing documents which is too bad since our governing documents have been altered without explanation over the years. When brought to the attention of the Board, the questions were dismissed without rational examination, heralding the New Age of Participation "You are beating a Dead Horse".
Elections of Directors is ONE of ONLY TWO areas of HOA business where the State of Florida (Dept of Business Regulation) will intervene in Association Business and accept complaints and make rulings! (The other area is RECALL of Directors). Members have only 60 days following the election to file a complaint with Florida.
(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.
Editors Note: SLohA is silent on this, so the Statute is what SLohA must observe. This is an example of a "procedural" or curative/remedial law and in the broad public interest.
(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.
Editor's Note: This states that if an HOA files an election complaint, it will be investigated and adjudicated under the terms of the condomium law; HOA's are very much behind condos in the laws and do not have their own provision.
The Statute defers to SLohA docs on other matters. Vacancies are to be filled by nominations of the Nominating Committee from each vacating SLR district. If they do not do so, the sitting board may add names sufficient to equal the # of vacancies.
If a vacancy occurs DURING the term, the Board can appoint someone to fill it. SLohA has a somewhat complicated way of calculating how much time an appointed Director can serve; it can be less than one year or less than 2 years depending on when the vacancy occurred.
SLohA's Election Bylaws regarding "districting" have disappeared from the recorded bylaws. And, the term of office was changed, contrary to election results, from a 2-year term to a 3-year term. Nobody that I have talked to recalls an Amendment ballot on the districting and, of course, one only need read the Minutes of the 2007 Annual Meeting to know that the 3-year term was defeated by Members.
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
History.—s. 38, ch. 92-49; s. 56, ch. 95-274; s. 4, ch. 96-343; s. 1718, ch. 97-102; s. 47, ch. 2000-258; s. 4, ch. 2003-79; s. 22, ch. 2004-345; s. 19, ch. 2004-353; s. 13, ch. 2007-173; s. 25, ch. 2010-174; s. 19, ch. 2011-196; s. 17, ch. 2013-188; s. 4, ch. 2013-218.
Note.—Former s. 617.306.