Atlanta, GA asked in Uncategorized for Florida

Q: 720.306 (8) a, ‘proxy auto expires after 90 days’ The proxy expire or the ability to get more votes?

HOA board had the residents do a proxy vote in October, won the vote, but did nothing with it. Now 90+ days afterward are trying to say it’s still valid.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: If the proxy was valid as provided in the statutory sub-section you have cited, and was duly voted at the meeting, the measure passed at that meeting would be valid. The 90 days has nothing to do with expiration of the adopted measure; it has to do with expiration of the proxy. If, instead of adoption, the meeting had been continued, and the measure had been tabled, that's when the 90 days would have come into play.

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