and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting. Emergency powers Remember that during times of an emergency, meetings may be cancelled. To be clear, an emergency for this reason, would be a disaster, natural, technological, or civil emergency, which causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the Governor, or the president of the United States. All CAMs and community association leaders should know that the Florida statute governing HOAs describes several provisions in the case of such an emergency under F.S. 720.316, Association emergency powers. There are certain emergency powers granted to an association. Emergency and disaster are defined in F.S. 252.34 (Emergency Management, Definitions). Powers granted in such situations include the authority of the board of directors in response to damage or injury caused by an emergency or where a state of emergency is declared in several capacities including, but not limited to: ● Conduct board, committee, membership meetings or elections, in whole or in part by telephone, real-time videoconferencing or similar real-time electronic or video communication, after the board’s decision is provided in as practicable a manner as possible. ● Cancel and reschedule an association meeting. ● Power is given to the board to levy special assessments with a vote of the owners in such circumstances. As noted earlier, special assessments are normally levied by the board at a board meeting for which advance notice is given to members. Electronic voting This is a system of membership voting that has grown in popularity in many community associations. The statute expresses all the requirements and processes that is involved in using electronic voting. An association may conduct elections as well as other membership votes through an internet-based online voting system, if a member consents, electronically or in writing, to online voting. A member voting electronically is counted as attending the members meeting for the purpose of determining a quorum. The first step to using electronic voting is a board resolution. The creation of a board resolution requires that the board provides written notice of the board meeting where the board resolution will be considered. The notice must be provided at least 14 days before the meeting and must be posted conspicuously on the association property for the entire 14-day period. Termination of a timeshare plan Other reasons for meetings of timeshare plans may include termination or extension of the timeshare plan. Unless the timeshare instrument provides otherwise, the vote or written consent, or both, of 60% TVI in a timeshare plan may terminate the timeshare plan at any time. This only applies to a timeshare plan that has been in existence for at least 25 years as of the effective date of the vote or consent to terminate. Extension of a timeshare plan Many of the older timeshare properties located in this state are based on a condominium structure, and many of these older timeshare properties are approaching the termination dates.
A valid proxy must be dated, must state the date, time, and place of the meeting, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly provides, any proxy holder may appoint, in writing, a substitute to act in their place. Elections and board vacancies The election of directors takes place at a membership meeting. Officers are elected at a board meeting. Board vacancies can be taken up at a board meeting, and the board will fill vacancies by appointing individuals. Guarantee of common expenses F.S. 720.308 (2) (a) Establishment of a guarantee of common expenses requires that if a guarantee is not included in the sales contract or the declaration a guarantee may be established at a members’ meeting and is only effective with the approval of a majority TVI (total voting interest) other than the developer. The approval may also be attained by written agreement with a meeting, if provided by the bylaws. Bulk services If the HOA provides bulk communications services, the cost for the services is deemed to be an operating expense of the HOA and is a common expense to the members. If the allocation of the common expenses is allocated on a percentage basis, the members may change the allocation to a per parcel basis (equally divided among members) by a majority TVI (total voting interest) at a regular or a special membership meeting. Additionally, any contract entered into by the board may be canceled by a majority of the members present at a regular or special membership meeting. Special assessments F.S. 720.315 provides information about enacting a special assessment. Before turnover from the developer, the board is controlled by the developer. In this case, statute does not permit the developer to levy a special assessment unless a majority of the parcel owners (other than the developer) approves the special assessment. This would occur at a special members’ meeting where a quorum is present. Subsequent to turnover from the developer, an assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. At any meeting where a special assessment will be considered, notice of the meeting must be mailed, delivered, or electronically transmitted to the members/parcel owners, Meetings - Timeshares Timeshares and vacation plans are community associations governed by F.S. 721. A timeshare plan may also be a condominium or a cooperative, and, in that case, must comply with certain provisions of both chapters 721 and 718 or 721 and 719 (whichever applies). Meetings are a relevant part of timeshare ownership and management. Once established, a timeshare owners’ association must comply with requirements such as the annual meeting, elections, and budget approval. The board of administration of a timeshare is required to meet only once each year, unless additional board meetings are called pursuant to a timeshare instrument.
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