Pompano Beach, FL asked in Real Estate Law, Business Law and Contracts for Florida

Q: HOA amendment special meeting held July 7 2018 board states they can collect more votes is this legal

FL HOA board called for a special meeting 60 days and picked a date to vote on amendment Meeting came and past there

There was no qurom there was approx 53 votes out of 166. Majority needed of 84.

President claims since their was no majority or quorum the board can still collect signatures

Vote July 7.2018 or special meeting. Today Sept 5

Are still trying to collect proxies.

Is this legal if not what law protects HOA membersresident states even though special meeting was held but not enough for a quorum nor majority showed up.

I understood if this happens then it counts as a no on vote.

Secondly is there a time period or am I correct it ended at the special meeting

1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: There is nothing in the statutes that the HOA cannot try to collect votes and then try again at another properly noticed meeting. And you are confusing 2 separate topics. A quorum is how many members are required to even hold a meeting which is 30% per 720.309(1)(a); unless your covenants call for less than 30%, it cannot be more. It sounds like you had a quorum at 31%, but not the votes to pass the amendments (per your covenants whatever that percentage is). But that all revolves around the wording of the covenants and if it is a percentage of the votes actually cast, or the voting interest (out of 166). If the docs say x% of the voting interest (generally 2/3 or above) then it is often tough to pass any amendment.

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