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Statement of Issues
information sheets to all unit owners create a defective notice of the associations
annual meeting?
Answer: Yes, the failure to send the candidate information sheet to all unit owners
2. What are the associations options, if any, for failing to deliver candidate information
whole.
4. If the association did improperly hold and adjourn the meeting, what notice must be
Facts
Before the annual meeting took place, there were 6 candidates that showed
candidate information sheet discussing why they are fit for the position.
that should have been in the mail he received. The management company, Vista
claims that it could only be due to a printer error. At Pheasant Runs annual
meeting the President by the name of Tony gave some information to the
attendees and followed by adjourning the meeting. At this point there has not been
any other homeowners claiming to not have received all 4 candidate information
sheets.
Analysis
1. Failure to send out the candidate information sheet to all unit owners results in a
defective annual meeting. According to the Fla. Stat. 718.112 (2) (a) Upon request
transmission and copying to be borne by the association. Omer claims to have only
received two candidate information sheets out of four that was issued. The statute
states that if submitted, then the candidate information sheet must be included.
Otherwise the notice of the annual meeting is deemed defective, and it would be in
3. There was no rule of law that states what is the next step. Pheasant Run would
reschedule the annual meeting and resend the ballots ensuring all documents are
According to Fla Stat. 617.1430 (2) (3), Failure to hold an annual meeting does not
cause a forfeiture or give cause for dissolution of the corporation, nor does such
failure affect otherwise valid corporate acts, except as provided in Fla Stat.
the voting power of a corporation when one or more written demands for the meeting,
which describe the purpose for which the meeting is to be held, are signed, dated, and
5. delivered to a corporate officer. In this case the meeting was adjourned by the
President If voting took place, knowing that there was a homeowner who did not
candidate information sheet, then yes, that would be wrong. In this case details were
laid out to those who attended the meeting. Technically no further notice has to be
sent according to the by Laws 2.7 Adjourned Meeting. If any meeting of the
members cannot be organized because a quorum has not attended, the members who
are present, either in person or by proxy, may adjourn the meeting from time to time
the Board of Directors there be less than a quorum present, the majority of those
whether there were different procedures once a meeting is Adjourned. Yet in order to
reschedule the annual meeting, some type of notice would have to be given.
Conclusion
Due to Omer being the only homeowner to not receive all four candidate
information sheets in his packet, it is in Pheasant Runs best interest to resend the
second notice, rather than restarting the entire process. There was no error in the
first notice, so there is no need reverse election. Unfortunately, there was no rule
the adjourning of the meeting. I would say yes notice should be given to the
membership, being that voting did not take place at the annual meeting. Again,