FLORIDA – State orders Poinciana HOA to throw out election

CCFJ.NET: State orders Poinciana HOA to throw out election

Article Courtesy of The  Orlando Sentinel

By Beth Kassab  

Published June 26, 2017

A state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members.

The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for the sprawling community of 26,000 homes in Osceola and Polk counties.

In question was whether Avatar, Poinciana’s developer and still a significant landowner, could cast one vote for every house it says it could potentially one day build on land it owns that is still undeveloped.

As a result of that practice, Avatar has been able to elect its representatives to the HOA board and maintain control over the 44-year-old community of more than 50,000 people, including the collection of fees, argued homeowner Martin Negron, who filed the complaint against the association.

He claimed he lost the February election because Avatar improperly cast more votes than it should have by claiming it could build hundreds of homes on land that is covered by marsh and wetlands. The association is made up of nine villages, which all conduct elections.

The order said counting so many votes for construction that may not be approved by the local county government “improperly diluted the votes of other members of all the associations.”  Read more:

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