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How is the # of voting interests decided legally at a FL Condo Assoc when the Assoc itself assumes a unit or foreclosures exist?

Fort Myers, FL |

Jan '13 a Fl Condo Assoc Board voted to pay $9000 receiving a Certificate of Sale and then a Certificate of Title on a unit that had been in foreclosure for 5 years. Feb at the yearly owners meeting, 24 changes were purposed to the Condo Docs. The Board had posted it would be casting a vote on behalf of the acquired unit, but when owners questioned this, the assocs attorney said they could not. After the meeting the Board now claims 4 failed items passed due to the result of attorney clarification of the pass threshold. Claiming 67% of the total Voting Interest is needed of 95 instead of 96 units. By reducing the number of units, the results are the same mathematically as if the Board had been allowed to vote. If a Special Assessment was levied all 96 units would be included not 95.

Attorney Answers 1

Posted

The association attorney is correct. When the association owns a unit, it is as if the unit does not exist for voting purposes. If 96 units are counted, the association would need 65 "yes" votes. If only 95 units are counted, the association needs only 64 "yes" votes. It may have had little effect in this case, but imagine if the association owned 20 units. If the units were counted for the purposes of determining percentage of owners, 65 of the remaing 76 owners would have to vote "yes" to pass any such action, effectively raising the requirement to over 85%.

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S. David Cooper

S. David Cooper

Posted

To clarify, the number of votes I indicated are needed in my calciulations above are based solely on your stated requirement of 67% and 96 total units.

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