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Category Archives: Voting

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Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… 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

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

Florida HOA Board Required to Act in Response to Member Petition

Posted in Meetings, Reader Q&A, Voting

Question: I am the president of my homeowners’ association and recently the board voted to proceed with a construction project within the community. Shortly after the vote, the association received a petition signed by a number of owners asking the board to reconsider the issue. Since the board has already discussed and voted on this… Continue Reading

Vote for Becker & Poliakoff in this Year’s FLCAJ Readers’ Choice Award

Posted in Voting

Becker & Poliakoff would like to thank FLCAJ Readers for our nomination in this year’s Readers’ Choice Awards. We have been serving Florida’s communities in Condominium and Homeowners Association, Real Estate, Business Litigation and Construction law for more than 40 years. These milestone achievements and accomplishments would not exist without the support and relationship from… 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

Owners Must Follow Procedure to Petition the HOA Board for Agenda Items

Posted in Association Documents, Governing Documents, Rules & Regulations, Voting

Question: I live in a homeowners association and have e-mailed our board president a number of times concerning items that I feel should be discussed by our board. While the president has politely acknowledged my e-mails, none of my suggested topics have been brought up. Does the board at least have to consider my issues?… 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

Did My Association Legally Adjourn a Membership Meeting to a Later Date?

Posted in Governing Documents, Meetings, Operations, Voting

Question: My condominium association was set to have a big vote on some controversial amendments to the governing documents a few weeks ago. The proposed amendments include leasing changes that are onerous to investors and changes to the pet rules that seem totally unnecessary. I am strongly against these amendments, as are many other owners…. Continue Reading

BPBALLOT Online Vote a Success in Santa Rosa Florida

Posted in Association Documents, Uncategorized, Voting

Several weeks ago, our first BPBALLOT online vote was finalized up in Santa Rosa Beach and it was a grand SUCCESS! Since our first vote we have several more communities who have already purchased a BPBALLOT license and have their online votes underway. If your community has historically struggled to achieve a quorum on important… Continue Reading

Can a Florida HOA Reject the Votes of a Tenant Proxyholder?

Posted in Voting

Question: I recently attended the annual meeting of my homeowners’ association. Many absentee owners sent in proxies. The association’s attorney advised the association to reject several proxies because they named a tenant as the proxyholder. The attorney said that only association members may serve as proxyholders. Is this true and should these proxies have been… Continue Reading

Approvals to Alter Condominium Property Must be Made at a Properly Noticed Board Meeting

Posted in Association Documents, Common Areas, Email, Material Alteration, Official Records, Voting

Question: I regularly attend the board meetings of my condominium association. When I cannot attend, I make certain to read the minutes when they are posted. In the association’s quarterly newsletter, the president announced that the association would be changing the configuration of a conference room to allow for storage. Though the board is authorized… Continue Reading

2016 Legislative and Community Association Resource Guide

Posted in CALL Alert, Legislation, Safety and security, Voting

Becker & Poliakoff and CALL’s 2016 Legislative and Community Association Resource Guide (“Guide”) is now available for viewing and printing. The Guide is applicable to all three (3) types of shared-ownership communities (condominiums, cooperatives, and homeowners’ associations). The 2016 Legislative Session ended without any significant piece of community association legislation passing. While there were many… 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

Community Association Surveys Are Now Open

Posted in CALL Alert, Voting

There are two (2) surveys that are currently open that we encourage you to take. CondomundoUSA Association Voting and Fraud Survey First is the CondomundoUSA Association Voting and Fraud Survey. CondomundoUSA is Becker & Poliakoff’s Spanish language blog. CondoMundoUSA has created a survey intended to help identify concerns of community association members related to voting…. Continue Reading

CALL’s 2016 Legislative and Community Association Resource Guide Coming Soon

Posted in advocacy, Legislation, Voting

CALL’s 2016 Legislative and Community Association Resource Guide will be available very soon.  Even though the legislative session ended without any significant piece of community association legislation passing, it is important to look back on the 2016 session and the bills that were filed, because it is likely that these issues will continue to be… Continue Reading