The board of directors of a condominium or cooperative association must be elected by the process prescribed in Chapter 718 or 719, Florida Statutes, and Rule 61B-23.0021 or 61B-75.005 of the Florida Administrative Code, unless your association has 10 or fewer units and has adopted an alternat...
“Finally, as always, I recommend making certain that any procedures employed are not only consistent with your governing documents, but also with your applicable state statute. Some state statutes actually do include details covering such topics as ballot formats, verification of the party casting a...
LLP, a law firm located in New York City. “You cannot create age limitations of any kind relative to the board. It’s illegal. And that’s under both federal and state laws and statutes.”
And while state statutes around meeting requirements for cooperative corporations shifted to allow for board and community business to be conducted virtually during the pandemic, Axinn notes that “it would be nice if proprietary leases and corporate bylaws took note of the 21st century and provided ...
When it comes to decision-making in your building, attending meetings in person is always best. But should the need arise, shareholders and unit owners are permitted to vote in board elections and other matters of corporate governance by proxy or absentee ballot. Proxies are a valuable part of...
When it comes to board business, this type of ignorance is anything but bliss. “I have found that the boards that are operating improperly are rarely doing so due to malice,” notes Michael E. Chapnick, a shareholder with the Florida-based law firm of Siegfried, Rivera, Hyman, Lerner, ...