Many owners in the Icon Owners Group (I.O.G) have been working behind the scenes to understand the Boards’ failure to achieve a quorum again. The Presidents of Boards of Tower1 and Tower-2 hand picked by developers have failed to achieve quorum for 5 consecutive years. The president of Tower-1 did not even vote for himself. While he has a right not to vote, one has to question his commitment to achieve a quorum.
November’s election’s most significant failure was the association’s failure to send the second notice and ballot package in a timely manner. Our bylaws and the Florida statutes mandate that the ballot package must be mailed at least 14 days before the election. This means the envelopes should have been postmarked no later than October 18th, 2016. It is worth noting that this is the minimum time allowed. The Association, under the direction from the Board of directors, decided to use the minimum time allowed instead of supporting all owners specially the many who live aboard. It is a fact that they could have started the election process much earlier but they chose not to. Therefore, majority of owners were not able to participate in the annual election.
The I.O.G questioned the Tower-2 boards at the election meeting about the envelopes bearing a late postmark. The Board’s attorney answered for the board. He claimed the association has done what was required legally. He claimed the Association has obtained an affidavit of mailing from the printing company and as such had no further obligations.
As a result I.O.G Members have been collecting samples of ballot envelopes with postmarks as late as October 25th. We also found an arbitration case from the Florida Department of Business and Professional Regulations (DBPR). The case (see page 10) clearly states that U.S. Postal Service postmarks showing the ballot were not mailed early enough can overcome an affidavit. Before the election, I.O.G and many owners informed the Tower-1 and Tower-2 management team on multiple occasions of the delay. The association should have cancelled the November election and initiated a new election or extended the timeline to receive the ballot by one more week.
We are in the process of collecting evidence from Tower 1 and Tower 2. But we need your help to make the case as strong as possible before we present it to DBPR.
Help us collect evidence, please forward and share any communication you may have had with the association’s office about the election. This could be any of the following:
- Emails asking when the ballots will arrive.
- Emails between you and the association about missing ballots.
- Requests for ballots due to delays.
- Your inability to vote because the mailings did not arrive on time.
In addition, regardless of whether you communicated it to the association:
- If you still have your envelope and it is postmarked after Oct 18th, please send it to us, or provide us with a picture of it.
- If you received your ballot so late that it would be impossible to vote, please contact us. For example, if you live out of town and your ballot(s) arrived a day or two before the election and you could not have mailed it back on time.
Remember there is strength in numbers. The more people that stand up and provide their information, the stronger our claim will be!
Let’s do this! Let’s have a proper election where everyone can participate.