In the process of getting 20% of members of our POA/HOA to sign a petition requesting that the Board of Directors follow and sign off on a ‘Code of Ethics’. Looking for a template to use to present this petition at our upcoming POA/HOA meeting in January. Any examples members of this forum can share or direct me to online resources? Also, would ‘electronic’ signatures be considered valid and/or would emails from owners be considered a valid ‘signature’ stating they support the petition? We are in the State of Florida. Been searching online databases but having no luck finding a template.
If you want to go with e-signatures I would take bluebeard’s suggestion and go with an online petition. But I believe under federal law e-signatures are legally binding but there are some exceptions to this. Not sure if emails can be considered e-signatures tho since there is no actual signature
Thank you for your suggestion. I am going with the old fashioned real signature petition. Those who cannot sign in person, signed a signature page and scanned, or took a picture which I am attaching to the petition.
I tried an online petition and they were asking for donations. Did not know that until someone told me about it when they signed it.
Just an update to all. I have the petition and am gathering the signatures needed.
Cover letter sent out to owners with the proposed pledge:
I am in the process of contacting individual lot owners asking for their support in signing
the petition I plan on presenting to the BOD at the Annual POA meeting to be held later this month.
The intent of the petition is to gather enough signatures to have the BOD take action to consider using
this pledge for any owner running, appointed or elected to the XXXXXX XXXXX BOD.
This pledge is nothing more than to serve as a reminder of the ethical manner in which candidates or Board Members
should carry out their duties and responsibilities in support of our Restrictions and Protective Covenants
which were established in 19XX, including By-laws. In 20XX these were ‘reinstated’ (including amendments) required by
Florida Statute 712 which allowed them to be renewed and updated prior to the 30-year expiration date.
By gathering enough signatures, we are asking that the owners be allowed to vote on this proposal. To ensure this
happens, we need to get 20% percent of owners to sign the petition and the 2 additional votes for your lots would help
achieve that goal.
One way to put this into perspective is to ask this question of owners.
“If two candidates were running to fill one vacancy due to term expiration, and only one candidate
was willing to sign the pledge, which candidate would you vote for?
Please show your support by reading the attachment in its entirety and printing off page 3. Fill out the
first spot (or more depending on # lots owned) on the signature page, printing the names of all owners, with signatures, lot number,
and date. Scan or take a picture of that page and email it back to me so it can be attached to the formal petition.
If you have any questions, please reach out.
Comments: Now please note that I have suggested that the BOD ‘consider using it’. Will update you all after the POA meeting. Some ‘interesting’ feedback for lack of a better term after our BOD was notified as to what I am doing.
Just want to update all of you and thank you for your helpful suggestions regarding the Petition for a Pledge Code of Ethics. The good news is
that I did get our BOD to commit to developing a Code of Ethics by mid-year by making a motion at our POA meeting last week and having someone
second the motion. On the ‘flip’ side of things, when the BOD got wind of what I was doing with a Petition, I received an email basically claiming that there was no way any of them could sign such a document and that they would consider taking action against any signatories on the petition. I challenged
to ‘run for the BOD’ so that is what I did. I made the Pledge Code of Ethics my campaign platform and announced myself as a ‘write in candidate’. That way I got the Pledge in front of ALL the OWNERS. I became a ‘write-in’ the week before the election. Many owners had already mailed in their ballots (4 incumbents were running for re election. I received 16 votes, the incumbents 34 each (you could vote for up to 4 people). Not bad for a ‘late to the