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Q&A: Greasing the Vote?

Q. We have a board member who goes to owners to fill out proxy votes so the elderly vote for him. This person also pays for 100 owners to have a dinner at the clubhouse to win votes. He has been doing this for years, with no repercussions from the president or anyone on the board. Is this bribery legal? Shouldn’t the person be removed from the board? Please advise.

— Resident Who Thinks This Is Unfair

A. “Politics, politics, politics. It does make the world go ‘round, and the world of community associations is no exception,” says Richard Larsen, Founder and Senior Attorney at the law firm of Larsen & Associates, P.L., located in Orlando, Jacksonville, Sarasota, and Daytona. “But, is the solicitation of proxies and the wining and dining of association members to get elected to the board ‘illegal bribery’ under the law in Florida?

“The simple answer is ‘no.’ Under 

Florida law, the type of activity this reader illustrates is not, from a legal standpoint, bribery — nor is it an activity that is against the laws of Florida.

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Q&A: Greasing the Vote?

Q&A: Greasing the Vote?

 

2 Comments

  • Can a HOA member request the ballots to count for them-selves alone. (No HOA board members present) do the By-Laws allow this.
  • Please comment: After the condo association meeting had concluded the newly elected board met to elect officers (there are 5 board members). One board member who is presently the Treasurer, decided he wanted to be President and Treasurer. Another board member decided to be Secretary. The current At-large member is happy where he is. This leaves two board positions open, Vice President and another At Large. The new President decided to appoint his wife as co-president, leaving the other new board member as the remaining At Large member. This new "At Large" person was formerly the President 7 years ago. He would not have any role in the activities of the board in the At Large position. How should this individual respond? Resign, create negative turmoil, recruit other owners to run for board office? There is one person who has control over several owners (this person is not on the board). He has convinced the new President/Treasurer he can do both these jobs while being also fully employed and living in CO. The Association is now being run by a husband - wife filling three positions. HELP!!!!