Board Director Election Rules
(FL Administrative Code
Balloting is not necessary to fill any vacancy unless there are two or more eligible
candidates for that vacancy.
A regular or general election occurs at the time and place at which the annual meeting is scheduled
to occur, regardless of whether a quorum is present.
A board of administration cannot create or appoint any committee for the purpose
of nominating a candidate or candidates for election to the board. A board may create or appoint a search committee to encourage
qualified persons to become candidates for the board.
The first notice of the date of the election, which is required to be mailed,
electronically transmitted, or delivered not less than 60 days before a scheduled election, must contain the name and correct
mailing address of the association.
A unit owner desiring to be a candidate for the board of administration must give written notice
to the association in accordance with one or more of the following methods:
By certified mail, return receipt requested, directed to the association; or
personal delivery to the association; or
- By regular U.S. mail, facsimile, telegram, or other
method of delivery to the association.
Upon receipt by the association
of any timely submitted written notice by personal delivery that a unit owner desires to be a candidate for the board of administration,
the association shall issue a written receipt acknowledging delivery of the written notice. Candidates who timely submit a
written notice by mail may wish to send the written notice by certified mail in order to obtain a written receipt.
includes, with the second notice of election, a copy of an information sheet which may describe the candidate's background,
education, and qualifications as well as other factors deemed relevant by the candidate. The information contained therein
shall not exceed one side of the sheet which shall be no larger than 8 1/2 inches by 11 inches.
Both the first and second notices are mailed or delivered to the eligible voters at the addresses listed in the
association’s official records.
The second notice and accompanying documents shall not contain any communication
by the board that endorses, disapproves, or otherwise comments on any candidate.
The written ballot must indicate
in alphabetical order by surname, each and every unit owner or other eligible person who desires to be a candidate for the
board of administration and who gave written notice to the association not less than 40 days before a scheduled election,
unless such person has, prior to the mailing of the ballot, withdrawn his candidacy in writing.
No ballot shall
indicate which candidates are incumbents on the board. No write-in candidates shall be permitted. No ballot shall provide
a space for the signature of or any other means of identifying a voter.
All ballot forms utilized by a condominium
association, whether those mailed to voters or those cast at a meeting, shall be uniform in color and appearance.
a person is entitled to cast more than one ballot, multiple inner envelopes (each containing a single ballot) may be enclosed
within a single outer envelope.
Outer signed envelopes can either be mailed or hand delivered to the association.
Upon receipt by the association, no ballot may be rescinded or changed.
Envelopes containing ballots received
by the association shall be retained and collected by the association and shall not be opened except in the manner and at
the time provided herein.
Envelopes containing ballots are collected by the association and transported to
the location of the unit owners’ meeting.
The association will have available at the owners’ meeting
additional blank ballots for distribution to eligible voters who have not cast their votes.
Each ballot distributed
at the meeting is placed in an inner and outer envelope.
Each envelope and ballot is handled in the following
manner. As the first order of business, ballots not yet cast are collected. The ballots and envelopes are then handled as
stated below by an impartial committee. The business of the meeting may continue during this process.
1. Current board members;
2. Officers; and
3. Candidates for the board.
signature and unit identification on the outer envelope is checked against a list of qualified voters, unless previously validated
as provided in the paragraph below.
envelope not signed by the eligible voter is marked “Disregarded”, and any ballots contained therein are not counted.
The voters are checked off on the list as having voted.
Then, in the presence of unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes
are removed from the outer envelopes and placed into a receptacle. Upon the commencement of the opening of the outer
envelopes, the polls are closed, and no more ballots are accepted.
The inner envelopes are then be opened and the ballots are removed and counted in the presence of the unit owners.
Any inner envelope containing more than one ballot is marked
“Disregarded”, and any ballots contained therein are not counted. All envelopes and ballots, whether disregarded
or not, are retained with the official records of the association.
Any association desiring to verify outer envelope information in advance of the meeting may do so using an impartial
committee at a meeting noticed in the manner required for the noticing of board meetings open to all unit owners and held
on the date of the election.
If two or more candidates
for the same position receive the same number of votes, which would result in one or more candidates not serving or serving
a lesser period of time, the association shall, unless otherwise provided in the bylaws, conduct a runoff election.
Within 7 days of the date of the election at which the tie
vote occurred, the board shall mail or personally deliver to the voters, a notice of a runoff election. The only candidates
eligible for the runoff election to the board position are the runoff candidates who received the tie vote at the previous
election. The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot
conforming to the requirements of this rule, and shall include copies of any candidate information sheets previously submitted
by those candidates to the association. The runoff election must be held not less than 21 days, nor more than 30 days, after
the date of the election at which the tie vote occurred.
Condominium Owner Voting
Florida statutes and Jupiter Bay's Bylaw Paragraphs 3.5 and 3.6 provide the following owner voting information:
Numbers of Votes - Owners are entitled to cast one (1) vote for each condominium unit.
Voting Member - The right to vote is established by the roster of Unit Owners. In
a Unit owned by husband and wife, either may vote but not both. If a Unit is owned by more than one person, the person entitled
to cast the vote for the Unit shall be designated by a certificate (Voting Certificate) signed by all of the record owners
of the Unit according to the roster of Unit Owners and filed with the Secretary of the Association. Such person need not be
a Unit Owner, or one of the joint owners. These certificates are valid until revoked or until superseded by a subsequent certificate
or until a change in the ownership of the Unit concerned.
- A majority of voting interests in the condominium community constitutes a quorum. For matters concerning the Jupiter Bay
master association, a quorum is 180 voting interests. A voting interest must be represented in person or by proxy at a meeting
to be considered present for purposes of establishing a quorum. Any unit ineligible to vote reduces the number of voting interests.
Proxies - Votes may be cast in person or by written proxy. A proxy may be made by
any person entitled to vote. It is valid only for the specific meeting for which originally given and any lawful adjourned
meeting thereof, but it is not valid for a period longer than ninety (90) days after the date of the first meeting for which
it was given. Every proxy is revocable at any time by the person executing it. A proxy must identify (1) the meeting for which
the proxy is given, (2) the Unit represented, (3) the member who is granting the proxy, and (4) it must be signed and dated
by the person authorized to cast the vote for the Unit (as above-described). It must be filed with the Association's Secretary
before or at the meeting. Holders of proxies need not be Unit Owners, but no person may hold more than five (5) proxies.
Majority Vote - The acts approved by a majority of the votes present in person or
by proxy at a meeting at which a quorum is attained shall be binding upon all Unit Owners for all purposes, except where otherwise
provided by law, the Declaration, the Articles or the By-Laws. The term "majority of Unit Owners" means a majority
(more than 50%) of the votes of the Members present in person or by proxy and voting at any meeting of the Unit Owners at
which a quorum has been attained. Similarly, if some greater percentage of Members is required in the Bylaws, Declaration
or Articles, it shall mean such greater percentage of the votes of Members.
Quorum - A majority (3 members) of the full board of administration
constitutes a quorum. Absent members cannot be counted for purposes of establishing a quorum unless attending by telephone.
Majority Vote - A majority of the quorum has the authority to act for the full board
on all matters, unless some extraordinary majority is required by the Association bylaws for a particular item of business.
Voting - Each board member present at a meeting is presumed
to have assented (voted "yes") to actions taken at the meeting unless he or she votes against the action (votes
"No") or abstains from voting because of a conflict of interest. Directors may not vote by proxy or by secret ballot
at board meetings, except that officers may be elected by secret ballot. A vote or abstention for each member present shall
be recorded in the minutes. Members of the board who are not present at the meeting in any way are not counted in the vote
unless they elect to join the results of the meeting by signing the minutes to concur with the actions taken.
Abstaining from Voting - Corporate law does not provide for a member of the board
to abstain on reasons of general principle, but only when a conflict of interest actually exists. The nature of the conflict
and the reason for abstaining must be disclosed and recorded in the meeting minutes.
Association Actions Requiring Unit Owner Voting
Unit owner decisions are required for votes taken to do the following:
Some Unit Owner voting can be done through the "Consent to Action"
An Organizational Meeting is the first meeting among the newly elected
or appointed Board Members, which is held after the Owner’s Membership Meeting for the purpose of electing Officers.
The Association’s bylaws (paragraph 4.5) require the meeting to be held within ten days of the election at a place and
time fixed by the Directors; however, it’s common practice to hold the Organizational Meeting immediately after the
Owners’ Meeting. This meeting must be properly noticed and this notice is usually placed in the membership meeting
notice package as a separate notice. Per Florida statutes, the meeting must be open to all owners.
Four Officer Positions are filled. Per Florida Statute 718.112(2)(a),
a condominium association’s “Board of Administration shall be composed of five members, except in the case of
a condominium which has five or fewer units, in which case the Board shall consist of not fewer than three members. The Board
of Administration shall have a President, a Secretary, and a Treasurer, who shall perform the duties of such officers customarily
performed by officers of corporations. Unless prohibited in the bylaws, the Board of Administration may appoint other
Officers and grant them the duties it deems appropriate.” In addition to the three Officer positions mandated
by Florida statutes, the Association’s bylaws provide for a Vice President, who “shall exercise the powers and
perform the duties of the President in the absence or disability of the President.”
Election of Officers. It’s Jupiter Bay’s practice to elect
Officers from among the Directors. However, the Association’s bylaws (paragraph 6.1) say that none of them need to be
Directors, and in fact Officers need not be Unit Owners. Although Association members elect the Directors, the Officers are
elected solely by the Board of Directors, and there’s no requirement that the Board base their decision on number of
owner votes received, owner preferences, prior position(s) held, or qualifications for the position. Generally each Officer
position is held by a separate Director; however the statutes allow for a person to hold more than one office, except that
the President may not also be the Secretary. No person shall sign an instrument or perform an act in the capacity of more
than one office. Directors may not vote by proxy or by secret ballot at Board Meetings, except that Officers may be elected
by secret ballot. A vote or abstention for each member present shall be recorded in the minutes.
Order of Business. An Organizational Meeting is conducted in the same
manner as a Board Meeting following a similar agenda:
Call to Order
Proof of Due Notice of Meeting
Roll Call (of the Directors)
Reading & Disposal of any Unapproved Minutes
Officer Appointments (discussion, motions & voting)