Are Proxy and Absentee Ballots Allowed in Florida?

Question:

Are HOA’s in Florida allowed to use Directed Proxy forms ? Are they allowed to use absentee ballots?

– Robert

 

Answer:

Hi Robert,

Directed Proxies are allowed unless restricted by the governing documents, but they are prohibited for secret-ballot director elections. Absentee Ballots, on the other hand, are not explicitly permitted but may be replaced by written ballots if the governing documents allow.

Section 720.306 states: “Members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.” Proxies must be in writing, signed by the member, and dated.

The same section states: “If the governing documents permit voting by written ballot, members who are not in attendance at the meeting may vote by written ballot.” The written ballot must comply with the governing documents and be delivered by mail or hand before the meeting.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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