Laserfiche WebLink
BILL: CS/S13 1178 <br />Page 34 <br />o For elections of the board of administration, able to permanently separate any <br />authentication or identifying information from the electronic election ballot, rendering it <br />impossible to tie an election ballot to a specific unit owner. <br />o Able to store and keep electronic votes accessible to election officials for recount, <br />inspection, and review purposes. <br />Unit owners who vote electronically may be counted as attending the meeting for the purpose of <br />determining a quorum.80 A unit owner may opt -out of his or her consent to vote electronically. 81 <br />Effect of Proposed Changes <br />The bill amends ss. 718.128 and 719.129, F.S., relating to electronic voting in condominium and <br />cooperative associations, respectively, to allow condominium and cooperative unit owners to <br />consent to electronic voting in condominium and cooperative association elections by using an <br />electronic means of consent. <br />Conflicts of Interests — Condominiums <br />Present Situation <br />Section 718.3027, F.S., provides the process for resolving potential conflict of interest for the <br />officers and directors of condominium associations. It requires an officer or director of a <br />condominium association (that is not a timeshare condominium association), to disclose any <br />financial interest of the officer or director (or such person's relative) in a contract for goods or <br />services, if such activity may reasonably be construed by the board to be a conflict of interest. <br />The board of a condominium association must approve a contract for services or other <br />transactions by an affirmative vote of two-thirds of all other directors present. A director or <br />officer who is a party to, or has an interest in, the activity that may be a potential conflict of <br />interest must leave the board meeting during the discussion and vote, and must recuse himself or <br />herself from the vote. <br />Effect of Proposed Changes <br />The bill amends s. 718.3027, F.S., to provide that the attendance of an officer or director at the <br />meeting of the board is sufficient to constitute a quorum for the meeting and for the vote taken in <br />his or her absence when the director is required to leave the room during the discussion and vote <br />on a contract in which the director, or his relative, has an interest. <br />Nonpayment of Monetary Obligations <br />Present Situation <br />Section 718.303(5), F.S., allows an association to suspend the voting rights of a unit owner or <br />member due to nonpayment of any fee, fine, or other monetary obligation due to the association <br />which is more than $1,000 and more than 90 days delinquent. The association must send the unit <br />80 Sections 718.128(3) and 719.129(3), F.S., relating to electronic voting in condominium and cooperative associations, <br />respectively. <br />81 Section 718.128(5) and 719.129(5), F.S., relating to electronic voting in condominium and cooperative associations, <br />respectively. <br />344 <br />