Question:
If at the annual election of board members can someone write in a candidate who hasn’t submitted a form to run ? Is it a violation ? Also can a president of a board of home owners at a board meeting put in writing a statement accusing a board member of deceitful, disrespectful and inappropriate behavior ? Can they accuse board members of sabotaging elections ? Is there any ability for the president to address issues at a board meeting accusing a board member of something that isn’t factual ? What action can the board member take against the president ?
– Theresa
Answer:
Write-in candidates are generally permitted provided your bylaws allow them. Florida law does provide an exception, though, under Section 720.306(9)(a) of the Florida HOA Act, which states: “If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any challenge to the election process must be commenced within 60 days after the election results are announced.”
As for the accusations, the Florida HOA Act currently does not address this. That being said, you should check your governing documents for guidance. It is the president’s role to preside over meetings. But, if the president is misbehaving, other board members are encouraged to keep things in order. If the board member being accused feels it’s necessary, he/she can take legal action.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
