Votes and Elections

The firm’s latest Miami Herald “Real Estate Counselor” column was authored by partner Marc A. Smiley and appears in today’s edition of the newspaper. The article, which is titled “Harassment Reports, Video Voyeurism by Association Presidents Highlight Need for Vigilance,” focuses on the takeaways for community associations and their owner members from two recent cases of horrific behaviors by association and co-op presidents. Marc’s column reads:

. . . The first report by South Florida’s Local 10 News focused on the president of a co-op building who was caught on camera verbally abusing a resident. Larry Reinfeld, the president of Building V in Ro-Len Lake Gardens in Hallandale Beach, has since been hit with a restraining order barring him from having any contact with a resident or coming within 5 feet of her apartment.

Two videos of Reinfeld’s behavior were shared with the station’s reporter. In one, he is seen calling a resident a profane name as she walks by him, asking her if he is blocking the walkway. Dispatch records show she called police after Reinfeld allegedly asked her as she walked to her car: “Are you paranoid enough?”

Residents told the reporter that such behavior is not unusual for Reinfeld. One says she brought it to the attention of the building’s vice president, who told her she should just keep her door shut and her blinds closed.

“I even put it in writing to the association, and they did nothing,” she states.

With the passage of a new law in 2015, the Florida legislature made online-based electronic voting an option for the state’s community associations. Many associations have since adopted the use of electronic voting for their meetings and elections, and the supporters thereof have claimed that is has yielded a number of benefits including increased membership participation and improved tracking of owner participation, trends and interests. Here are a few helpful tips for those who are now considering the implementation of electronic voting in their communities.

Boards of directors should first be aware that if they wish to implement an internet-based voting system for the votes of their owners, they must do so in compliance with the statutory procedures applicable to their respective associations, which include the adoption of a resolution supporting the platform at a properly noticed meeting. Once approved, associations should notify the owners of the change as well as the procedures and deadlines for owners to opt-in or opt-out via written responses that are added to its records.

Florida law requires that community association e-voting systems must be able to authenticate owners’ identities and receive ballots in a manner that ensures their secrecy and integrity. For board elections, the owner-identifying information must be separated from each ballot to render it impossible to tie authenticated ballots to specific owners. The systems must also be able to store and keep electronic votes accessible for recount, inspection and review purposes.

Articles Posted in Votes and Elections

Firm’s Latest Miami Herald Real Estate Column: “Harassment Reports, Video Voyeurism by Association Presidents Highlight Need for Vigilance”

Tips for Florida Community Associations Considering Online-based Voting