Page 3 - Boca ViewPointe - July '19
P. 3
July 2019 Viewpointe, Page 3
Association Voting:
Voting Certificates, Proxies And Powers Of Attorney
In conducting membership votes for election of the owners or by the appropriate corporate representative, in person or by proxy. For a homeowners association,
directors, amendments to the association documents trustee or partners of the entity-owned unit or home. proxy voting may be either through a limited proxy or a
and similar items, both condominium and homeowners The next document that may be included in the general proxy depending on the restrictions contained in
associations must be careful in sending various voting membership mailing would be either a proxy or an the governing documents. A limited proxy will contain the
instruments out to the membership. It may be confusing absentee ballot containing the vote on the specific items actual candidates names on the proxy form itself, whereas
to members to receive several different documents in that are the topic of the meeting being conducted. Most a general proxy will simply provide the proxy holder with
the mail when conducting such a vote. Owners may be of such votes are done by a proxy form, which may be the ultimate authority to cast his or her ballot in any way
provided with voting certificates, proxies, absentee ballots either a limited proxy or a general proxy. Under Florida he or she determines.
and other materials and may be confused as to how to fill condominium law, general proxies are not allowed to It has become more commonplace to see owners
these out and as to which documents must be returned be used for votes on specific items such as votes on attempting to designate a power of attorney to vote on
to the association. In reviewing voting packages please amendments, waiver of reserves and the like. General their behalf. A power of attorney is a document that must
consider what is set forth below. proxies are allowed for condominium associations but specifically name another party as having the powers of
First, voting certificates are documents that will name only to establish the quorum. In addition, under Florida the unit owner to perform certain tasks such as voting,
the appropriate voting member for a unit or home owned condominium law, while votes on other matters may be attending meetings, etc. A power of attorney must be
by more than one (1) natural person or by a corporation, taken by limited proxy, votes on the election of directors signed by the owner(s) of the unit and must be witnessed
partnership, trust or other similar entity. A voting certificate must always be taken through an absentee ballot since by two (2) separate witnesses and notarized. A power of
is only required if the association’s governing documents the Condominium Act strictly prohibits an election of attorney also must be specific as to the powers that it is
state that a home or unit must designate an authorized directors by proxy. granting and cannot be just a blanket grant of general
voting member. Many times, an association’s documents For a homeowners association, whether an election powers. However, under Florida condominium law, an
will simply state that a vote may be submitted by any of is conducted by absentee ballot or by proxy will be owner cannot use a power of attorney to vote in the
the co-owners of the home and they shall be presumed to determined by the association’s governing documents. election of directors. Chapter 718, Fla. Stat., is silent as
agree unless their intent is otherwise provided in writing. Under Florida law, a homeowners association may conduct to the ability to use a power of attorney to vote on other
However, if the documents require the designation of a its election of directors with the use of a condominium- items, and similarly, Chapter 720, Fla. Stat., is silent with
voting member, then a voting certificate will be required style absentee ballot, but only if such authority is granted regard to the use of powers of attorney. Therefore, to the
to name the authorized voting member of the unit or home. in the association’s governing documents. Otherwise, a extent an association wishes to limit the use of powers of
Generally, the voting certificate must be signed by all of homeowners association likely will allow voting either attorney, associations should seek to modify their rules and
regulations or election procedures in order to accomplish
same.
It is very important for associations to review their
Boca Pointe Community Association, Inc. election and other voting materials with association
counsel before sending documents to the owners for a vote.
6909 SW 18th St., Suite A120 A special Thank You to our monthly volunteer contributing writers This would include a comprehensive review of the voting
Boca Raton, FL 33433 certificates and proxies or absentee ballots being used
Office (561) 395-7551 Fax (561) 395-5936 Steve Handwerker George Steinman Oris Martin by the association in order to make sure such documents
Email: info@bocapointe.com Arlene Rodman Halli Moore comply with applicable Florida statutes.
Website: www.bocapointe.com Bob Kronish Harold Katz Robert Weinroth
Judy Goldstein
Access Control Mort Mazor Harriet Rubin Frank Weinstock Sachs Sax Caplan, P.L., Peter S. Sachs
Operator: (561) 395-3392 Arthur Kravitz Jack Kulick Lin Schader
Voice mail system: (561) 395-3369 Judith Levy Elaine Rubinson Justin Mocha
Website: www.gateaccess.net Dr. Ronald J. Meyers Anne Gannon Barry J. Haberman
Lisa Sileo Elyse Weintraub Brown Peter Sachs R & H ComputeR
Staff Rayna Becker Helen Karpel Steven L. Abrams
Kathleen O’Donovan, General Manager Lori Deibel Hillary Reynolds Rochelle Wilensky Heidi Mackler $30 per hour
Lisa Cammaleri, Assistant Manager
Yvonne Rivera, Administrative Assistant Computer & Laptop Setups
Justin Mocha, Director of Security The views of the writers of the various articles in this newspaper do not Network and Wireless Setups
necessarily reflect the views of the Boca Pointe Community Association. The Printer Installations
Viewpointe of Boca Pointe is the newspaper Association nor the individual writers are not responsible for claims or promises Computer, iPad, iPhone Training
of Boca Pointe Community Association, Inc. contained in any advertising material appearing in the Viewpointe. Such claims Troubleshooting Computer Issues
Please direct all questions, comments or and promises are the sole responsibility of the individual advertiser. (561) 542-1647
articles for Viewpointe to lisa.cammaleri@
fsresidential.com.
Editorial copy appearing herewith is not necessarily the viewpoint of
Seabreeze Publications of Central Florida. Most editorial copy is created by
the homeowners and is edited by their appointed editor.
General Dentistry
Cosmetic & Laser
Seabreeze Publications
Publisher
M. Sean Reid
Jackie Reid
Sales
Tom English, Laura Berrio, Bret McCormick
Production Department
Dr. Rosenbusch has been Elaine Donholt • Ruth Nekoranec • Katie Heystek
Sherry Whalon • Dianne Strout
practicing dentistry for 32 years Karen Kalisz • Peter Hurth • Rachel Blanchard
and has extensive experience in
many aspects of dentistry. His All rights reserved. Reproduction or utilization of these contents in any
form by any electronic, mechanical, or other means, including xerography and
main focus is on Cosmetic photocopying is forbidden without the written permission of the Publisher.
visit us at:
Dentistry, Laser Dentistry and cliverosenbuschdds.com The Publisher is not responsible or liable for misinformation or misprints
herein contained and reserves the right to accept or reject all copy deemed
Implant Prosthetics email: unsuitable for publication.
www.seabreezepublications.com
bocadentist12@gmail.com 1102 W. Indiantown Rd., Suite 5, Jupiter, FL 33458
General Dentistry (561) 746-3244
Cosmetic and Laser FAX (561) 746-2509
