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VOTING FROM ABROAD
By
Eric Glazer, Esq.
Published March 1, 2021
This year
I am hearing the following complaint more than ever before: I
live out of the state, or out of the country and I never
received a ballot to vote in the election.
A little
over a year ago I was involved in a case where many owners who
lived in Finland did not get their ballots timely. Instead of
having their vote not count, someone who lived in the
condominium e-mailed them the ballot. These owners then took
that ballot, placed it in a ballot envelope, placed that ballot
envelope in another envelope and signed the exterior, and mailed
it back to the association usually by overnight mail. Some
owners didn’t bother to use the interior ballot envelope.
The
association didn’t want to count these votes. The association
also didn’t want to count the votes of owners who had their
ballot envelopes dropped off by a neighbor, claiming that this
was voting by proxy.
Read the
attached opinion to find out how the arbitrator ruled. It makes
for interesting reading. The bottom line…….if you’re out of
town…..have the ballot e-mailed to you.
To read the case,
click here.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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