When I requested Discovery, the primary purpose was to confirm that owners had not even been informed that the change in the bylaws was coming before the board, let alone any formalities - like letting the members vote on it.
I'm sure the board neither knew, nor cared about the Florida Statute.
Discovery confirmed that they did not notice the issues coming before the board meeting, nor did they take a vote. Their position, I'm sure, will be that the bylaws allow them to make amendments with 100% vote of the board (which it does), although they did not offer this in their Answer or in their Affirmative Defense.
My position is that they may be right about the 100% board vote in almost all cases. But the history of 718.110 (13): the language AND the intent of lawmakers (they re-wrote that section to clear emphasize that one exception) is clear. Joe XXXX ([email protected], writes (In three columns) that "the amendment cannot be enforced against those current owners who do not vote in favor of it." [my emphasis].
Thanks for the advice. I'm going for Summary Judgment - I see no facts to be decided by a jury. If you know of an attorney in the SE Florida area to help me bring this home, please let me know.