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Candidate Can't Stuff Box

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By RICHARD WHITE Tribune correspond

The Tampa Tribune

Published: May 28, 2008

Our condominium president, who is up for a vote and on the ballot, is asking other unit owners for their individual ballot slips and saying he will fill them in for them as a favor. If he is on the ballot, is it legal for him to do this? If not, what recourse do we have?

C.O.

Miami

Please refer to FS 718.112(d)(3) Annual meeting, where it says: "No unit owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid."

I would notify the board of this statute requirement and ask it to investigate the action of the president. If you can, find an owner or owners who had the president vote their ballots. With this information, ask the board to declare the upcoming election invalid and to reschedule the election.

I would also request that board notify the association attorney of the statute breach.

Is voting on condominium issues via the Internet allowable? Are there any restrictions on use of the Internet in condominium business? We have some owners who do not have a computer.

J.V.

Long Key

I am a little confused as to what issues the members would be voting.

Usually, the board votes on issues presented for the business of the association, not the members. A director must be present to vote on motions and resolutions at the board meeting.

There is one exception: An absent director may be counted as present if a speaker phone is set up for all directors and the members present to hear any conversation with the absent director. The absent director can vote and make motions as if he or she were present. I do recommend that a communication program be established that would include an association Web page and the use of e-mail to provide information to the members.

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