Several residents have reached out asking about how a Special Meeting works, how we arrived at this point, and how the votes are calculated. Here is some summary information as well as links to Florida Statutes and Arbors By-Laws.
We are also providing the Property Easement granted by our Board to Hotwire. The link to this document was not working properly in the email that went out on September 23.
March to June: Multiple requests made by homeowners to hold vendor presentations followed by formal votes
May 13th: Arbors "Cable Committee" survey package to homeowners
June 16th: HOA Board approve selection of Hotwire for Bulk Cable & Internet
July 13th: Hotwire contract executed by Arbors
July 21st: HOA Board meeting not held due to vacations
August 18th Board meeting: Motion from floor to Cancel Hotwire contract
September 3rd: No response to Motion received; request to APM for an update
September 8th: Petition to Cancel delivered to APM signed by required 10% of homeowners
September 15th: Board meeting, prior Motion to Cancel deemed nullity, Board announced formal petition and plan for community vote on Oct. 6th
Special Meeting Background
FL Statutes 309 - Agreements entered into by the Association
Summary: Residents took the first available opportunity to petition for a special meeting, after the Motion to Cancel made at the "next regular BOD meeting" was deemed a 'nullity' by the HOA attorney.
(2) (a) Any contract entered into by the board may be cancelled by a majority of the voting interest present at the next regular or special meeting of the association, whichever occurs first. Any member may make a motion to cancel such contract, etc.
FL Statutes 306 Meetings of members; voting and election procedures; amendments.
Summary: The Arbors has 190 voting interests x 30% = 57 members must be present or voting by proxy for a quorum to be recognized at the Special Meeting.
(1) Quorum; Amendments.
(a) Unless a lower number is provided in the bylaws….. a quorum at a meeting of the members shall be 30 percent of the total voting interests.
The Arbors By-Laws, Article II Association: Membership, Meetings, Quorum, Voting, Proxies
Summary: Once a quorum of at least 57 has been recognized, a simple majority vote of those 57 members will determine the outcome of the vote.
See these sections for definitions:
4 - Special Meetings. - or upon a petition signed by Members representing at least ten (10%) of the total votes of the Association.
5 - Notice of Meeting. - no other business can take place at a Special Meeting
7 - Adjournment of Meetings. - if no quorum, meeting will be adjourned
8 - Voting.
9 - Proxies and ballots. - Members may vote in person or by proxy etc..
10 - Majority. - As used in these By-Laws, the term “Majority” shall mean those votes, Owners, or other group as the context may indicate totaling more than fifty (50)%) percent of the total number.
11 - Quorum. - in accordance with Section 720.306, FL Statutes
Property Easement granted by Board to HW
Summary: The Board has granted a blanket easement to HW for the installation of cables on all residents' properties and common areas.
The link we provided in the September 23 email was not working properly for some residents. We apologize if you had trouble viewing the document. You can read by clicking here or download it below: