Legal Question in Real Estate Law in Florida

Condo Association Absentia Votes

We own a condo in Bonita Springs, FL. We are trying to amend the bylaws. We notified board members of our intention. We sent condo owners a letter explaining the situation and a petition to sign. We have 44 condo units in our association and for voting purposes each owner gets one vote or a total of 44 voting interests. We need 25% of the voting interests to bring the matter before the board. We currently have enough YES votes to proceed with the amendment process. Then there would be another vote requiring 2/3 majority of the 44 voting interests to amend the bylaws. Our condo docs do not mention absentia votes and how they are considered when counting toward the 2/3 majority.

In the petition voting some of the owners did not vote. Is a failure to vote considered a NO vote or is it simply not counted as part of the voting interest of 44?

With 44 votes and 2/3 majority needed for passage, we need 29 affirmative votes. But if 28 owners decided to vote, would we need 19 affirmative votes, or would we need the 29 votes to amend the bylaws?

Is there an example in Florida law that would back up the apathy vote as an abstained vote? We are assuming that an abstained vote is neither a YES or a NO.

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