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PROXY VOTING?
By
Jan Bergemann
Published May 27, 2022
LET’S FACE IT: THIS COUNTRY HAS A SERIOUS PROBLEM WITH
ELECTIONS!
No matter what system is created to produce fair elections,
there is always somebody who finds a way to cheat – from general
elections to elections in community associations.
While electing the board with proxies is generally disallowed in
condos, HOA Statutes [FS 720.306(8)] specifically allow proxy
voting for annual meetings with elections. There is a reason for
it since most owners don’t attend these annual meetings and,
even with the help of proxies, many homeowners’ associations
have a serious problem finding enough members – in person or by
proxy – to establish the required quorum. So, many times the old
board stays in power – good or bad – without even having to face
an election. To me it looks like most owners don’t understand
that an HOA board has more power than many government agencies
and can ruin each owner’s private finances in a heartbeat.
Electing a board is in my opinion the most important obligation
for each member.
While the Division supplies proxy forms for condos (see Eric’s
blog), there is no form supplied by any government agency for
owners in mandatory HOAs.
I
attach a sample-proxy that was given to us during the meetings
of the HOA TASK FORCE, supposedly approved by the Florida Bar.
HOA PROXY
(You need to fill out the questions in color)
But even with proxies – allowed or disallowed – the election
fraud continues. Just look at the many arbitration and court
rulings regarding elections in community associations.
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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