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Ray
Ray, Lawyer
Category: FL Real Estate
Satisfied Customers: 42892
Experience:  30 years in civil, probate, real estate, elder law
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Just preparing annual Florida Condominium Association

Customer Question

Just preparing for an annual Florida Condominium Association meeting and wondering about a few administrative matters:
1.)Can Proxies be returned via email? No elections involved.
2.)I understand that a quorum is not required to vote on a rollover of excess funds. Is the same true for a transfer to reserves from excess funds?
3.)What types of motions not in the call of meeting can be properly voted on at annual meetings where a quorum is present?
Submitted: 1 year ago.
Category: FL Real Estate
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

1.)Can Proxies be returned via email? No elections involved.

No, Florida does not yet provide for e mail proxies, the original must be submitted by mail or timely presented at meeting by a member., a unit owner may mail his or her ballot to the association in accordance with the requirements of Rule 61B-23.0021(8) or Rule 61B-75.005(8), Florida Administrative Code.This is not the same as electronic voting at alive meeting.The idea here is there is too much risk of false proxies and stuffing the box so to speak.

Condominium: Rule 61B-23.0021(8), Florida Administrative Code
Cooperative: Rule 61B-75.005(8), Florida Administrative Code

2.)I understand that a quorum is not required to vote on a rollover of excess funds. Is the same true for a transfer to reserves from excess funds?

I think it has to be voted on by the membership, here is reference to that with law.

http://www.floridacondohoalawblog.com/2012/04/articles/qa/unit-owner-approval-still-needed-to-switch-reserves/

3.)What types of motions not in the call of meeting can be properly voted on at annual meetings where a quorum is present?

Anything that does not require the board first to vote on it.Most out of order motions are really things that need to go through the board first if it is something of substance and may be ruled out of order and tabled for the board to first consider it and then for a future meeting and discussion and vote if needed by quorum.

http://www.floridacondohoalawblog.com/2013/01/articles/operations/motion-probably-out-of-order/

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

Ted I need to supplement/clarify #1 above, here is current law..

New laws taking effect July 1, 2015 will finally bring community associations into the 21st Century, at least with respect to voting. Community leaders and CAMs can get ready to dispense with complicated double balloting for elections and confusing proxies. They can also get ready to deal with the anticipated barrage of providers purporting to comply with the requirements imposed by this law. Electronic voting is not as easy or as simple as writing either “yes” or “no” in an email and clicking the “send” button. There is a lot of legwork to be done before the first vote.

The association’s Board of Directors is required to adopt a resolution to implement electronic voting at a duly called meeting noticed at least 14 days in advance and must:

  • Have the owner’s written consent to online voting;
  • Have a method to authenticate the identity of the voter;
  • Have a method to ensure the secrecy and integrity of each election ballot; and then
  • Test the system and confirm, at least 14 days before the vote that the owner’s computer, tablet, Smartphone or other device communicates correctly with the system.

Mailings may still be required even after developing the procedures, collecting owner written consents and testing the system. Owners that consent to electronic voting may “opt-out” later on, creating administrative burdens on management or the Board of Directors.

The system itself must:

  • Authenticate the voter;
  • Authenticate the vote itself (ensure it wasn’t modified or altered in transit);
  • Transmit a receipt to the voter;
  • Separate the identity of the voter from the vote itself (with respect to elections); and
  • Store and keep votes accessible for future record inspections or other purposes.

If you meet these requirements then it is possible to proxy vote here in Florida.

Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.

Customer: replied 1 year ago.

Will be happy to rate favorably and leave extra gratuity when I receive your response to my follow up question.

Expert:  Ray replied 1 year ago.

Sorry can you post it here.

Expert:  Ray replied 1 year ago.

Be happy to respond when I get it..

Customer: replied 1 year ago.

Ray,

Here it is again. As originally mentioned in my question- there are NO ELECTIONS at this annual meeting of owners.

There are just two simple questions relative to rolling over excess revenues to the next year and to reserves.

A proxy was mailed to all owners.

Our By Laws indicate that we need 39 owners to constitute a quorum for annual meetings. Because of the lack of much substance, we will likely have only about 30 owners represented in person or by mailed back proxies. We will have at least 10 emailed proxies but as I read your response, that is no good so we will not be able to conduct any business at the annual meeting. Correct? Seems crazy. Please let me know if I am missing something.

Thank you.

Ted

Expert:  Ray replied 1 year ago.

No thats correct here you need quorum to vote on this issue.Hopefully you get some more proxies in here.It is possible for association to email them or phone to get more people or proxies here by mail.I wish I could tell you otherwise.Maybe a door prize for attending??