Is it true that when electing a condominium board, 75% of owners must vote in person or proxy?
by 
Anonymous
ANSWERS: 3
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No. Florida law states: 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Pasted from <http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=condominium+association&URL=CH0718/Sec112.HTM>
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I think that this would depend upon the state law, as reflected in the by-laws of the organization.
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Careful in answering this question, folks. There is a difference between a proxy and an absentee ballot. And what applied in Florida would not necessarily apply in other states. A proxy gives someone else the authority to vote in your place. An absentee ballot can be voted only by you. Arizona outlawed proxies in HOAs. But if you didn't allow absentee ballots, your HOA would likely never get a quorum (absentee ballots can be counted toward a quorum in our HOA) to validate an election. Your governing documents rule -- unless they have been superseded by state law. And the requirements should be clearly spelled out there. 75 percent does sound like a very high number. In our last HOA board election, we got only 46 votes out of 322 homeowners. (A quorum in our development is 10 percent of homeowners, so 17 people out of 322 can elect the board -- a majority of a quorum of 33.)
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