Legal Question in Real Estate Law in Florida

At a recent HOA annual meeting and nomination and election of 2010 board of directors, new board members were elected

and announced by the HOA President, certified and meeting properly adjourned.

The following day the HOA President unilaterally removed all voting records and election results to have the ballots examined privately,

subsequently 7 days later at the regular scheduled HOA Board meeting

announced that an "audit" had been made and that there now were a different result than was announced after the HOA election and that this audit resulted in another person on the board and a tie between two (2) other individuals.

Thus the board could not elect officers because there was a tie.

In addition this Board Member have

refused to let other Board members view the original ballots and tally.

How should we proceed ?


Asked on 3/11/10, 2:16 pm

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. My suggestion would be to review the Bylaws of the association and to also take a look at Florida Statutes governing the voting in of new board members. It sounds like you may have a valid rationale for contesting the new board member election. Here's the Florida Statutes link:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search;_String=&URL=Ch0718/SEC112.HTM&Title;=->2009->Ch0718->Section 112#0718.112

Read more
Answered on 3/16/10, 4:27 pm


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