![]() ![]() ![]() Q: What does “plurality of the votes” mean when there are five seats up for election in a homeowners’ association? (J.Y., via e-mail)Ī: Plurality means that the candidates who get the most votes win, whether they received votes from a majority of those who cast ballots or not. However, given that the Homeowners’ Association Act, Chapter 720, Florida Statutes, provides that members have the right to speak on all “designated items,” posting an agenda is a “best practice” and an agenda should be available at the meeting to confirm what issues owners may address. Interestingly, for homeowners’ associations, while there is a requirement that notice of board meetings generally be posted at a conspicuous place in the community at least 48 hours in advance, there is no requirement that an agenda for the meeting must be posted. While there is no way to go back in time and cure the mistake, the most appropriate cure would be for the association to add the issue on the agenda at the next board meeting and have the board properly address the issue and revote on the motion. It is not suggested that the issue taken up was an emergency, but rather it was just a mistake. Any emergency action so taken must be noticed and ratified at the next regular board meeting. The statute goes on to provide that an item not included on the notice may be taken up on an “emergency” basis by a vote of at least a majority plus one of the board members. The public policy is that if owners know what the board will be voting on, they can decide if they would like to come to the meeting to observe or offer input. The law goes on to say that the posed notice specifically must identify all agenda items. Should the board address this at the next board meeting and vote to undo what they voted on? (S.G., via e-mail)Ī: Section 718 112(2)(c) of the Florida Condominium Act requires that notice of board meetings be posted on the condominium property at least 48 hours in advance (certain notices must be posted and sent to all owners 14 days in advance). ![]() Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. ![]()
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