Question:
Our HOA Bylaws allows an individual/residence to obtain a maximum number of 5 (five) proxy votes for the Annual HOA Board Meeting.
However, the HOA management company has send out a proxy form to where a home/lot owner in good standing can select the Secretary of the HOA to be their proxy holder. No problem with that except the HOA is saying the Secretary can obtain unlimited proxies. This means the Secretary then has unlimited votes to elect the new board members.
I believe the Secretary being able to obtain unlimited proxies, violates the By laws. However, the HOA board members think otherwise. Also the proxy form distributed for the up coming election doesn’t comply with Florida Statute 720.306 which requires the time and place of the meeting to be on the form which our form doesn’t contain.
– Murray
Answer:
Hi Murray,
Regarding the proxy form and compliance with Section 720.306, you may raise this issue with the HOA board and management company. They should be able to rectify the issue.
As for the proxies, kindly double-check the governing documents to verify whether the unlimited proxies go against its provisions. If so, you may raise the issue regarding unlimited proxies at an HOA board meeting to have an open discussion with the community.
However, if the board does not comply with the governing documents regarding unlimited proxies or the proxy form, you may opt to remove the problem board member(s) according to the provisions outlined in the bylaws. You may also submit to third-party arbitration or mediation to resolve the conflict. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
