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HOA Software
By Andrea Wasik • August 20, 2015

Confusion over proxy votes in Sarasota, FL

voting-confusionA limited proxy has been sent to unit owners of a condominium asking for approval for a material alteration or substantial addition to the common area and requiring 75 percent approval. The proxy is good for 90 days.

There have been special meetings, without vote quoted and the first meeting and subsequent meetings reconvened by the board. I don't think people understand parliamentary procedures and no one makes a motion for adjournment. It is assumed that the approval vote has not been obtained, but the management and board will not divulge the voting count.

Meanwhile some units have been sold. My question is: If a unit owner gave a limited proxy vote against the proposal and then sold his unit, does his vote prevail or is it possible that the new owner could give a vote for the approval of the proposal?

The new owner may not be fully informed of all the issues. I can't find anything definitive in the law, except- "Any proxy given is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given. Every proxy is revocable at any time at the pleasure of the unit owner executing FL ST 718.112(b)3.

I am confused, because the management has replied to my inquiry regarding a vote quota, that the meetings were reconvened because they were not adjourned and because they were not adjourned a vote quota cannot be given. How can they withhold information, (which is known to the maintenance man) from the people involved in the voting?

The people are not informed until a proxy appears in the mail and then a notice of a special meeting. There are two questions here, one about the validity of the vote, the preceeding or the present qualified.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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