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3/9/2015 - Condo Vote on Quorum Requirements - Updated

The proposal to change the Condominium By-Laws quorum requirement from 33-1/3% to 10% was approved by the Condo Board of Directors and by the Condo Association Membership.

Previously - A Special Membership Meeting will be held on Monday March 9, 2015 @ 12:30 pm in the Green Cay Village Clubhouse for the purpose of voting to change the Condominium By-Laws quorum requirement from 33-1/3% to 10%.

This change is being proposed by the board toward insuring the ability of the Association to govern in the future, as the number of units represented by the Developer declines to the point that the Association can no longer look to the Developer’s units alone to achieve quorum.

That said, if you are not planning to attend this meeting, please complete and mail the appropriate Voting Certificate and Limited Proxy forms when you receive your package in the mail . Or fax them to 561-638-2738 or hand deliver them to the office or email them to tellis@campbellproperty.com.

Or use the following selection to get just the forms you need.

Voting Certificates - The purpose of a voting certificate is to establish who is authorized to vote for a unit owned by more than one person (even if husband and wife) or a corporation. A voting certificate is not needed if the unit is owned by only one person.

Limited Proxy - The purpose of a limited proxy is to designate the board, or an individual at the meeting, to vote for you if you are not planning to attend the meeting.

Questions and Answers

Q: Will this result in as few as 10% of the owners being able to vote to change our docs.?

A: No. Quorum only determines whether or not a meeting can be held. Voting to pass changes to our docs, vote at elections etc. will still require the same percentage of votes as called out in our docs. For example, a 66 2/3 % affirmative vote of all unit owners is required to change our Declaration of Covenants and this will not change.

Q: Can you give me an example of a practical problem this change will fix?

A: Yes. At the annual budget meeting, the membership is required to vote on reserves and if a a majority of those voting in person or by proxy do not vote "no" then reserves must be fully funded. The problem is our By-Laws currently require a quorum of 33 1/3 % of all 160 units to be able to even have the meeting. Thus without the Developer's units, we run the real risk of not being given the chance to even vote

Q: Why are these forms so complicated? It's easier for me to vote for the President of the United States than it is to vote for condo board members.

A: I feel your pain. But voting for a board member or this change in our By-Laws is as easy as voting in a general election IF you are the sole owner of your unit - just show up at he meeting and vote or vote by mail with the one-page Limited Proxy Form. Where things get complicated is when more than one person or a corporation owns a unit. Then a Voting Certificate is needed to designate who will be casting the vote for the unit. In addition, Florida Law requires that you be given the opportunity to designate someone else to represent you at the meeting which adds an additional layer of complexity.

Q: Why can't I vote online instead of jumping through all of these hoops?

A: Because Florida Law does not allow online voting in association elections, or any elections for that matter. Someday this will change. But for now we are stuck with voting in person or by forms.


Peter Schulz - Editor - Email CS1S3

 
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