TO: Don Nguyen

FROM: Jada Booth

DATE: November 20,2016
SUBJECT: Memorandum

Statement of Issues

The issues in the case are as follows:

1. Does the failure of a Florida condominium association to deliver candidate

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

makes the notice of meeting defective.

2. What are the associations options, if any, for failing to deliver candidate information

sheets to all unit owners even if the error seems insignificant?

Answer: The association should resend the second notice. It does matter and the error is a

significant component in this matter.

3. Did the association improperly hold and adjourn the meeting after failing to deliver

candidate information sheets to all unit owners?

Answer: No, the association was not wrong in adjourning the meeting nor holding it as a

whole.

4. If the association did improperly hold and adjourn the meeting, what notice must be

sent to the membership for the reconvened meeting?

Answer: Technically no further Notice has to be given for the reconvened meeting.

Facts

Pheasant Run Homeowners Association had its annual meeting on a Thursday.

Before the annual meeting took place, there were 6 candidates that showed

interest in the election. Out of the 6 candidates, only 4 wanted to include a

candidate information sheet discussing why they are fit for the position.

According to a homeowner by the name of Omer, he only received 2 out of the 4

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

of a candidate, an information sheet must be included with the mailing, delivery, or

2. transmission of the ballot, with the costs of mailing, delivery, or electronic

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

Pheasant Runs best interest to reschedule the meeting.

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

included in the packets.

4. The association was not wrong in holding the meeting followed by adjourning it.

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.

617.1430 in the case of a deadlock among the directors or the members.(3)Except

as provided in the articles of incorporation or bylaws, special meetings of the

members may be called by: (a)The president;(b)The chair of the board of

directors;(c)The board of directors;(d) Other officers or persons as are provided for

in the articles of incorporation or the bylaws; (e)The holders of at least 5 percent of

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

receive all 4 of the

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

until a quorum is present. As well as 3.9 Adjourned Meetings. If at any meeting of

the Board of Directors there be less than a quorum present, the majority of those

present may adjourn the meeting from time to time.

6. No further notice needs to be given of an adjourned meeting. It was not stated

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

of law to support my opinion. There is nothing wrong with

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,

there is no rule of law to support my opinion.