Our initial scan found 2 potential issues in your governing documents.
We checked the 1 public PDF on The Greens of Killearn POA’s website against current Florida and federal HOA law—and more issues may exist depending on the documents you load.
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Proxy provision permits proxies to remain valid beyond 90 days (e.g., 11 months, 1 year, or indefinitely), conflicting with 90-day statutory expiration limit.
Operative Clause · Sec. 5. (Page 11)
“The Secretary shall validate all proxies by determining voting eligibility of person issuing proxy.”
Why It’s Flagged
Fla. Stat. §§ 720.306(8)(a) & 617.0721
Although general Florida Not For Profit Corporation Act defaults (Fla. Stat. § 617.0721(3)) reference an 11-month proxy period for ordinary nonprofits, Fla. Stat. § 720.306(8)(a) (HOAs) and § 718.112(2)(b)3 (Condominiums) expressly override that period for community associations and mandate that a proxy is effective only for the specific meeting for which it was originally given and in no event is valid for a period longer than 90 days after the date of the first meeting for which it was given.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1In accordance with Fla. Stat. §§ 720.306(8)(a) & 617.0721, a proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires no later than 90 days after the date of the first meeting for which it was given.
2Every proxy is revocable at any time at the pleasure of the member executing it.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
1 Additional Issues Flagged in Initial Scan
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Potential Issue Surfaced in Initial Scan
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Governance And Elections Statutory & Governance Exposure
Association Bylaws
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