Taking The Lead

In Florida Condo And Homeowner Association, Real Estate, And Business Law

Does A Delinquent Owner Have Voting Privileges At Our Annual Meeting?

On Behalf of | Jul 25, 2016 | Condo / HOA, Firm News |


Q. We have a serious delinquency and the homeowners association has pursued lien foreclosure. Does this delinquent owner have voting privileges at our annual meeting, and may this owner be considered when determining a quorum?

A. This owner will have voting privileges at your annual meeting unless the association has properly suspended the owner’s privileges prior to the meeting. Florida law allows the association to suspend voting rights for non-payment of any monetary obligation due to the association that is more than 90 days delinquent. Further, the vote allocated to the suspended owner may not be counted towards the total number of voting interests for any purpose, including, the number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under the community documents.