Southern Oaks Association

Finally, notice of our Annual Meeting... interesting note...

Posted in: Southern Oaks
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  • r_gwier
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I'm unsure of the date, as the Association did not deliver notice to my address.  They have, by rumor, put notice of the 2008 Annual meeting in the newsletter which most of us throw away as a waste of paper, unfortunately.

Also for interested parties, as rumor also has it, and I hope, wrong, that the 2008 Board of Directors is going to raise your dues without permission from you, the members.  You might want to ask for a list of the grand expenditures which require this action, being that they haven't paid a CAM in over 4 months and budget for other expenditures which never come to fruition.  I know for a fact that this association brings in more than enough dues for the expenditures they have.  The members of S O Association may want to take a deep look at the budget and ask questions.  There is no or little security, no working front gate, few 'extras' given or allowed.  It's YOUR money.  The biggest question at this Annual meeting should be, what HAS this board of directors done for your community in the last eight months after all the letters and promises over the last year?

60 days notice is required, notice went out Sunday morning.  Please note that Florida Statute 718.112 [d3] states uncategorically that "PROXIES SHALL IN NO EVENT BE USED IN ELECTING THE BOARD, EITHER IN GENERAL ELECTIONS OR ELECTIONS TO FILL VACANCIES..."  I have included the entire paragraph here for your interested reading.  So, if a board member or person wanting to run for the Board asks for your proxy, please be aware that it is ILLEGAL for them to allow or use that proxy for voting in Board members at the meeting.

718.112 [d] 3.  The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election along with a certification form provided by the division attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 2., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, the association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, along with the signed certification form provided for in this subparagraph, to be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with the provisions contained herein, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of those ballots cast. There shall be no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the board. No unit owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid, provided any unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain assistance in casting the ballot. The regular election shall occur on the date of the annual meeting. The provisions of this subparagraph shall not apply to timeshare condominium associations. Notwithstanding the provisions of this subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist.

I hate to blow away a manager who should know that state statute 718. deals with condos not homeowner associations. 617.and 720 deal with homeowner associations.
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