Florida HOA wants to change the election process. One component of this is to send out ballots 3 times for people to nominate themselves.
They have setup a couple rules (without changing of the bylaws).
1) On the third sending of the ballots if exact max number (7) of available positions = candidates they declare them the winner.
2) If they have two fewer candidates (5) than required they would allow candidates from the floor to be nominated but the five that already had their name nominated
were automatically elected and the floor and proxies could only vote for the.
I believe this is wrong for two reasons:
1) Although the bylaws allow for floor nominations they are removing it in scenario 1. 2) You are essential taking peoples ability to pick candidates away because in situation 2 you can only vote for two.
3) They are doing this without changing our bylaws and I can find a 720 reference that would allow them to do it.
*** major concern is this could invalidate an election is someone challenged this process****.
Our By Laws
5. Elections. 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 shall be 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.Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters.
Florida State Statutes 720. for HOAs
(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 challenge to the election process must be commenced within 60 days after the election results are announced.
(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.