PMM_Feb22_LowRes

Because You Asked...
Featuring Betsy Barbieux
CAM, CFCAM, CMCA, PROFESSIONAL DEVELOPMENT COACH,
FLORIDA CAM SCHOOLS, LLC
Betsy,
What is the proper procedure for voting to
change a common area wall from mirrors
to tile? Is there a time limit such as 14 days
to return votes? We know that to make a
change in the common areas, we need 75%
of the membership to vote. We are going
to offer two choices. Do we have to have
75% vote all for #1 or #2 or when 75% votes
are counted, does whatever gets the most
votes win? We know if don’t get the vote we
have to replace the mirror with new mirror.
— Pat
Pat:
First, you’ll schedule a special membership
meeting–date, time, place, and agenda. There
should be at least a 14-day notice to the membership,
and you’ll include a Limited Proxy
with specific wording on a motion so a member
can clearly vote “yes” or “no” on the mirror
or tile choice. The limited proxy may be
returned up to the time the meeting is called
to order. At that time, the chair will open the
meeting, establish a quorum (including people
present and by proxy), address the one piece of
business, count the proxy votes, noting them
on a tally sheet. The option that “wins” must
receive affirmative votes of 75% of the entire
membership. The secretary or manager should
prepare an Affidavit of Mailing as evidence the
notice and agenda were mailed/delivered. The
affidavit, notice, agenda, signed limited proxies,
tally sheets, and minutes are all kept as official
records of the membership meeting.
— Betsy
• • • •
Betsy,
Your thoughts on the following question
would be appreciated. A Florida condominium
board member advised by a CAM
that the board can have a Zoom meeting
every two weeks for the board to meet
without the members attending or notice
just to discuss condominium issues so long
as there is no voting or any final decision
being made. The CAM says this does not
violate Chapter 718. Another CAM advises
that we cannot have such biweekly meetings
without posted notice and members
allowed to attend. This CAM refers to the
Sunshine Laws with no additional guidance.
He says the board can only email each
other and never meet on property (even
socially) as a quorum as it would constitute
a meeting. Which position is correct?
— Jack
Jack:
Neither. Our boards are not subject to the
Governance Under the Florida Sunshine
Laws; only elected or appointed state and
local official-type people. Our boards are
required to meet “in the open” which means
that a meeting of the board must be scheduled
and notice posted with a predetermined
agenda and the owners may attend. A quorum
of the board meeting in person or via
speaker telephone or via electronic videoconferencing
or a combination is considered
a meeting. Minutes should reflect the action
taken at all meetings. Whether there is voting
or not is of no consequence. If an agenda item
is only discussed, but nothing voted on, the
minutes would just say “the board discussed
xxxxxx; no action taken.” Nothing prohibits
board members from socializing together or
using e mail, text, or telephone.
— Betsy
• • • •
Betsy,
Our upcoming election has one person
running who is a current Board member.
We have learned that he is selling his unit
several weeks after the election. He also
owns a second unit in his corporation name
but rents it out, and is a trustee on a third
unit that his mother owns and rents out. So
he won’t be living on premises or in state
after he sells the unit he lives in. Do I understand
correctly he cannot be a member of
the Board because he is not an owner nor
resident nor lives on the premises. Can a
corporation be a member of the Board?
Can he be removed from the Board if he is
elected and then sells his home?
— Lou
Lou:
Florida law does not require that a board
member actually reside in the unit or even in
the state of Florida. So, owning your unit but
renting it out is of no consequence to board
eligibility. Each unit (except those that are
owned by the association) is entitled to select
someone to run for the board, therefore, a
corporation can designate a person to run for
the board. The same is true of a trust. Usually
for a trust or a corporation, it is the person
who is named on their Designated Voter Certificate
which is a document usually required
in the Declaration or Bylaws to be completed
by all corporations, trusts, and partnerships.
It names the person who casts a vote for that
unit and is generally the one that can be a
candidate for the board. I believe your board
member could be eligible to stay on the board
even though he sells the one unit.
— Betsy
• • • •
HAVE A QUESTION FOR BETSY? SUBMIT YOUR QUESTIONS VIA EMAIL: BETSY@FLORIDACAMSCHOOLS.COM
Betsy Barbieux, CAM, CFCAM, CMCA, is an information leader in Florida community association living. She is an expert in the rights and obligations
of owners as well as the board of directors and association management. If you live in Florida, there is a good chance you are a part of a community
association. Since 1999, Betsy has educated thousands of managers, directors, and service providers. So whether you are an owner, board member,
or CAM, she provides training and coaching for all. Betsy is a member of CAI National, FCAP, former member of the Regulatory Council
for Community Association Managers, featured columnist in industry publications, and host of CAM Matters on YouTube:
www.youtube.com/c/cammatters. Florida CAM Schools, LLC, www.floridacamschools.com, 352-326-8365.