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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Category Archives: Elections

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Can I Run for the Condo Board If I Haven’t Paid A Fine?

Posted in Board Eligibility, Elections

Question:  My condominium association imposed a $500 fine against me in 2016 for an alleged violation of the parking restrictions. I never paid the fine because I disputed their allegation and because the board selectively enforces the parking restrictions.  When I received the notice for the 2017 annual meeting and election I submitted my intent… Continue Reading

Delinquent Owners not Eligible for the Board of Directors in Florida Condominiums & HOAs

Posted in Board Eligibility, Elections, Suspensions, Fines & Remedies

Question: I live in a homeowners’ association and recently submitted my intent to run for the board. However, my name was not included on the ballot that was mailed out to all of the owners. When I asked the association about it, the association said I was not eligible because I had an unpaid $100.00… Continue Reading

Summary of HB 653, Impacting Condominiums, Cooperatives, and Homeowners’ Associations

Posted in CALL Alert, Elections, Fire Sprinklers, Governing Documents, Liability, Managers (CAMS), Water Sprinklers

HB 653 (SB 744), sponsored by Representative Moraitis, passed the Florida Legislature but as of today, it has not yet been sent to the Governor for consideration.  When a bill is sent to the Governor, he has fifteen (15) days to act.  He can either sign the bill into law, veto it, or allow it… Continue Reading

Can the Association Board Fill a Vacancy Without an Election?

Posted in Association Documents, Board Eligibility, Elections, Governing Documents, Voting

Question: Recently, one of the members of our board of directors resigned from the board and sold their unit. When he announced his resignation, I expected the association to schedule an election to fill the vacancy. However, at the most recent board meeting, the board voted to fill the vacancy. Aren’t the members of the… Continue Reading

Convicted Felons Ineligible for Condo Board Service in Florida

Posted in Board Eligibility, Elections

Question: My condominium association’s annual meeting is next month. Several of us are concerned because we have been told that one of the individuals running for the board was charged with felony security law violations. While he was apparently never convicted, a lifetime ban from the securities industry was imposed against him and he was… Continue Reading

At Your Service: Condo Call-In with Donna DiMaggio Berger of Becker & Poliakoff

Posted in Elections, Fire Sprinklers, Governing Documents, Legislation, Voting, Water Sprinklers

Florida Legislators have filed bills which could give Condo and Homeowner Association boards a double-take. If passed, a volunteer board member could face criminal penalties if Association records are stonewalled, or if there are fraudulent elections. Might residents avoid trouble by choosing to stay off condo boards? Learn more on the Topical Currents “At Your… Continue Reading

Does Electronic Voting For Community Associations Really Work? How Do You Implement It?

Posted in Elections, Governing Documents, Meetings, Voting

Question:  I heard that the law in Florida recently changed and that owners in community associations can now vote electronically. What is required to implement electronic voting in my community?  And does it really work?  A.A. via e-mail Answer: You heard correctly. During the 2015 Legislative Session, a new law was passed authorizing condominiums, cooperatives… Continue Reading

President Can’t Buck the Association Board in Florida HOAs

Posted in Association Documents, Elections, Governing Documents, Meetings

Question: I am one of five directors on my homeowners’ association’s board. After this year’s annual meeting, we elected new officers. The person voted in as president says that he can make any decision he chooses, and does not need a vote from the board. For example, he has said that he can terminate our… Continue Reading

Florida HOA Boards May Appoint an “Election Committee”

Posted in Elections, Voting

Question: Every year our homeowners’ association’s board appoints an “election committee.” The committee makes sure that the meeting notices are sent out, and otherwise runs the election, including counting the ballots. This year, the chairperson of the committee announced immediately before the final self-nomination deadline that he intended to run for the board, and resigned… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help:  Recommendations for Legislative Action”.  You can read the Miami-Herald Article about the Grand Jury Report here. Today, Senator Rene Garcia filed SB 1682, Relating to Condominiums, which incorporates some of the recommendations of the Grand… Continue Reading

Can a Candidate Withdraw From a Condominium Election and Then Change Their Mind?

Posted in Elections, Governing Documents, Voting

Question:  The bylaws of our condominium association specify that the board of Directors shall be comprised of not less than five nor more than seven members.  Six members filed their applications for candidacy by the required deadline (40 days before the annual meeting).  One of the members subsequently sent an email requesting that their application… Continue Reading

The Top 5 Reasons Your Community Association Should Consider Online Voting For Important Membership Votes

Posted in Elections, Operations, Voting

Voter apathy is nothing new in most community associations but to really understand the reason why your community regularly fails to achieve a quorum, elect a new board or to successfully tackle longstanding projects which require membership approval, it is important to look a little at human nature. It is no secret that most of… Continue Reading

Embracing Technology for the Betterment of Florida’s Residential Communities

Posted in Elections, Fraud, Voting

The commentary published Aug. 23 by attorney Jason M. Vanslette of Kelley Kronenberg regarding online voting for community associations fails to acknowledge or address the needs of such associations, the changing demographic in Florida communities or the capabilities of the available software. Rather, the article reflects thinking that is stuck in the past. Florida has… Continue Reading

Online Voting: A Tool for Voter Inclusion and Fraud Deterrence

Posted in Elections, Fraud, Operations, Voting

Over the past few weeks, the Miami Herald and Univision have teamed up to investigate allegations of fraudulent condominium elections, primarily in Miami-Dade County. In fact, Miami-Dade County by far has the highest number of complaints of any county in Florida for voter fraud, according to the Department of Business and Professional Regulation, accounting for… Continue Reading

Becker & Poliakoff Announces Launch Of Proprietary ‘BPBALLOT’ Voting Software For Community Associations

Posted in Elections, Official Records

Law firm becomes first in Florida offering proprietary online voting software to address long-standing challenges for managed communities FORT LAUDERDALE, Fla. – March 22, 2016 – The law firm of Becker & Poliakoff today announced the launch of BPBALLOT, a proprietary, secure online voting software for community associations. As the only law firm in Florida… Continue Reading