Legal Question in Real Estate Law in Florida

Re: votes by condo directors

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Probably not. Without reviewing the condo documents, it is impossible to say for sure. Under Robert's Rules of Order which most condominiums follow, only a party who voted in favor of the motion can then make a motion to reconsider it. You should review this matter with the Association's attorney for further direction.

Scott R. Jay, Esq.

Re: votes by condo directors

NOTICE: The information provided in this response is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult a competent attorney in your jurisdiction for advice regarding your individual situation. By reading the "Response" to your question or comment, you acknowledge that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then do not read any further.

Generally, if a quorum of the board has been established, then a vote of the majority of the quorum present will be valid. However, you will need to review your documents to see if they have any unusual provisions on director voting. As to the bid process, Florida law does not require that all contracts entered into by a condo board be put out for competitive bid. However, unless the community is less than 100 units and has formally opted not to comply with Florida law regarding bids, if the contract price in question exceeds 5 percent of the total annual budget of the condo association, including reserves, the association shall obtain competitive bids for the materials, equipment, or services. The association is not required to accept the lowest bid.