Q: QUESTION: 11-26-2023 ... My Not - for - Profit HOA Is a FL_720 55+ Community [Cascades Of Groveland] !!
Can the Board Schedule [FOR SEVERAL DAYS] a Voting on Amending the Declaration of Restrictions in Order Garner THE TWO -THIRDS MAJORITY of the Lot Owners Required TO APPROVE of the Amendment Even Though the BYLAWS SPECIFY THAT ALL MEETINGS MUST FOLLOW ROBERTS RULE ??
A:
In Florida, homeowner association (HOA) boards must adhere to the governing documents of the association, which typically include the bylaws and the declaration of restrictions. If the bylaws of your HOA specify that all meetings must follow Robert's Rules of Order, then this procedure should be observed during meetings, including those involving voting on amendments.
However, the process for amending the declaration of restrictions can vary. It's not uncommon for HOAs to require a supermajority, like a two-thirds majority of lot owners, to approve an amendment. This process can sometimes be conducted over several days, especially if it's challenging to gather all votes in a single meeting.
If you are concerned about the legality or appropriateness of the voting process being used by your HOA board, it would be prudent to review the specific requirements outlined in your HOA's governing documents. These documents should provide guidance on the correct procedures for amending the declaration of restrictions and for conducting meetings.
In cases where there is ambiguity or potential non-compliance with the governing documents, you might consider discussing the matter with the board or seeking legal advice. A legal professional can help clarify the obligations of the HOA under Florida law and your specific governing documents.
Remember, it's important for HOA boards to operate transparently and in compliance with both state law and their own governing documents. As a member of the HOA, you have a right to ensure that these procedures are being followed correctly.
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