308768, 61B-23.0021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 308768

Notice of Proposed Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Division of Florida Condominiums, Timeshares and Mobile Homes

Chapter:

THE ASSOCIATION

Overview

RULE:

61B-23.0021

Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors

PURPOSE:

Rule 61B-23.0021, FA.C., in conjunction with Section 718.112(2)(d)3., F.S., provides procedures for the conduct of condominium association elections.  These procedures include, but are not limited to, providing notice of the date of the election by mail or delivery not less than 60 days before a scheduled election; providing candidate information sheets to eligible voters; and providing that written ballots shall contain the name of each eligible candidate.  This rule amendment proposes that the association’s failure to follow any of these three mandated procedures shall render any election so held null and void. These election errors are fundamental in nature, and the failure to provide adequate notice of an election, the failure to include candidate information sheets, and the failure of an association to place all the names of all eligible names on the ballot implicate the statutory right to vote as well as the right to run for office.  Providing this rule will offer guidance to associations who commit these and other errors and will permit an association to cancel an election where fundamental pre-election error has occurred, thereby saving the time and expense of going forward with a void election.
Note that these rule amendments will re-adopt rule provisions previously included in rule 61B-23.0021, FAC., but deleted in order to reduce the overall quantity of rules existing in this area.

SUMMARY:

This rule amendment proposal addresses instances in which a condominium association election may be held null and void.

RULEMAKING AUTHORITY:

718.112(2)(d)3., 718.501(1)(f), 718.5012(9) FS.

LAW:

718.112, 718.301, 718.5012(9) FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

COMMENTS:

From 5/5/2006 To 5/26/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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