Our HOA (yes, it is an HOA) is having an election requiring secret ballots. The proxy for the meeting, identifying the homeowner and giving voting right to the secretary (or someone else), is on the same page as the limited proxy for the ballot. Doesn't this defeat the purpose of a secret ballot? Doesn't the HOA management company have somewhere where they can get samples of legal documents?
Limited proxies are generally used for voting on non-election issues by members. If the HOA documents provide for voting by secret ballot, then having the ballot on a proxy is not a secret ballot. Additionally limited proxies must meet the requirements as to the form of the proxy or it will be deemed effective.
The HOA should turn to its attorney for proxy forms. This could be determined to be the unlicensed practice of law if the CAM (property manager) is determining the types of ballots and proxies to use.
tephen Jeffrey BerlinskyDebt Settlement AttorneyHaines City, FLFL licensed ·
Barbara is correct. The HOA statute is found in Chapter 720 Florida Statutes. In particular see 720.306.8 which provides: (8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.
(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.
(b) If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.
