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Florida Voting Certificate Clarification
Summary
In Florida, a voting certificate designates a representative for a cooperative unit owned by multiple parties or entities, including trusts. Trusts are recognized as entities that can own property, thus falling under any entity in the statute. Trustees can appoint representatives unless restricted by trust documents. If a board blocks your representative choice, you might seek an injunction to delay board elections, demonstrating irreparable harm and a valid claim. Temporary injunctions can be quick, while permanent ones take longer. Consult legal advice for personalized guidance.Full Conversation
I need an explanation of the wording in FL law.
Sure, I'd be happy to help. Could you please provide the specific wording or section of the Florida law that you need explained?
In this page https://www.flsenate.gov/Laws/Statutes/*/Chapter719/All, you will find *.* Definitions > (*) “Voting certificate”. In that section it says "...designates one of the record title owners, OR the corporate, partnership, or entity representative who is authorized to vote on behalf of a cooperative unit that is owned by more than one owner or by any entity."
Hey ****! The section you are referring to means that for a cooperative unit owned by multiple owners or an entity (like a corporation or partnership), a "voting certificate" must designate one person who will cast the vote for that unit. This person can be one of the record title owners or an authorized representative of the entity.
Do you need help with anything specific regarding this definition?
Do you need help with anything specific regarding this definition?
Does the entity reference where is says "or by any entity", mean that applies to only a "legal entity" or does it mean any entity, like perhaps a shareholder unit held in a trust?
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"Entity" in this context typically refers to a legal entity, such as a corporation, partnership, or trust. A shareholder unit held in a trust would be considered an entity. The key is that the entity must be recognized as having the legal capacity to own property.
Is there anything more specific you need help with regarding this definition?
"Entity" in this context typically refers to a legal entity, such as a corporation, partnership, or trust. A shareholder unit held in a trust would be considered an entity. The key is that the entity must be recognized as having the legal capacity to own property.
Is there anything more specific you need help with regarding this definition?
Does the fact that is says any entity, rather than legal entity mean it can be some entity that is not also a legal entity?
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In the context of Florida law, "entity" typically refers to any organization or structure recognized by law that can own property. This includes corporations, partnerships, and trusts. When the statute mentions "any entity," it implies these recognized legal entities.
Would you like more detailed information on how this applies to your situation?
In the context of Florida law, "entity" typically refers to any organization or structure recognized by law that can own property. This includes corporations, partnerships, and trusts. When the statute mentions "any entity," it implies these recognized legal entities.
Would you like more detailed information on how this applies to your situation?
What is the difference between "organization or structure recognized by law that can own property" and "legal entity"
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Hey ****, in the context of Florida law, there's essentially no difference between "organization or structure recognized by law that can own property" and "legal entity." Both terms refer to entities like corporations, partnerships, and trusts that have legal recognition and can own property.
Do you need any further clarification on this?
Hey ****, in the context of Florida law, there's essentially no difference between "organization or structure recognized by law that can own property" and "legal entity." Both terms refer to entities like corporations, partnerships, and trusts that have legal recognition and can own property.
Do you need any further clarification on this?
Can a trust own property or do the trustees own the peoperty
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In Florida, a trust can own property. The trustees manage the property on behalf of the trust's beneficiaries. The title to the property is held in the name of the trust, not the trustees personally.
Do you have any other questions or need further clarification on this?
In Florida, a trust can own property. The trustees manage the property on behalf of the trust's beneficiaries. The title to the property is held in the name of the trust, not the trustees personally.
Do you have any other questions or need further clarification on this?
so a trust would fall under the any entity wording of this law
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Yes, a trust would fall under the "any entity" wording of the Florida law you referenced. A trust is considered a legal entity that can own property. Do you have any other questions or need further clarification?
Yes, a trust would fall under the "any entity" wording of the Florida law you referenced. A trust is considered a legal entity that can own property. Do you have any other questions or need further clarification?
can the trustee of a trust appoint whoever they want as their representative who is authorized to vote
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The trustee of a trust generally has the authority to appoint a representative to vote on behalf of the trust, as long as the trust documents (such as the trust agreement) do not restrict this power.
Would you like to know more about the specific requirements or potential limitations involved in appointing a representative for voting purposes?
The trustee of a trust generally has the authority to appoint a representative to vote on behalf of the trust, as long as the trust documents (such as the trust agreement) do not restrict this power.
Would you like to know more about the specific requirements or potential limitations involved in appointing a representative for voting purposes?
Yes
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The trustee of a trust generally has the authority to appoint a representative to vote on behalf of the trust, provided the trust documents do not restrict this power.
Would you like to know more about the specific requirements or potential limitations involved in appointing a representative for voting purposes?
The trustee of a trust generally has the authority to appoint a representative to vote on behalf of the trust, provided the trust documents do not restrict this power.
Would you like to know more about the specific requirements or potential limitations involved in appointing a representative for voting purposes?
why does this law use the wording "any entity" rather than "legal entity"\
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Hey ****! The term "any entity" is likely used to cover all possible types of ownership structures, not just those explicitly defined as "legal entities." This broadens the scope to include trusts, estates, and other organizations or arrangements that may not fit the traditional definition but still have legal standing to own property. This ensures comprehensive coverage and avoids any potential loopholes.
Is there anything more specific you'd like to know about this?
Hey ****! The term "any entity" is likely used to cover all possible types of ownership structures, not just those explicitly defined as "legal entities." This broadens the scope to include trusts, estates, and other organizations or arrangements that may not fit the traditional definition but still have legal standing to own property. This ensures comprehensive coverage and avoids any potential loopholes.
Is there anything more specific you'd like to know about this?
Does the inclusion at the end of this section of FL law, "unit that is owned by more than one owner" mean that a unit held by more than one person could appoint a 3rd party representative who is not a shareholder, same as a corp or other entity?
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Yes, ****, the inclusion of "unit that is owned by more than one owner" means that multiple owners of a unit can appoint a third party representative, similar to a corporation or other entity. This representative does not need to be one of the shareholders or owners. Any further questions or clarifications needed?
Yes, ****, the inclusion of "unit that is owned by more than one owner" means that multiple owners of a unit can appoint a third party representative, similar to a corporation or other entity. This representative does not need to be one of the shareholders or owners. Any further questions or clarifications needed?
I have an attorney claiming that a trust is not a legal entity based on Section *.* ot the Administration of Trusts in Florida Treatise. And he therefore says a trust does not fall under this law. Is he wrong?
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In Florida, trusts are often considered legal entities for the purpose of owning property. Here are some points:
- Trusts can own property, with the title held in the trust’s name.
- The trustee manages the property on behalf of the beneficiaries.
- Relevant Florida statutes and case law generally recognize trusts as legal entities.
Would you like additional information on this topic?
In Florida, trusts are often considered legal entities for the purpose of owning property. Here are some points:
- Trusts can own property, with the title held in the trust’s name.
- The trustee manages the property on behalf of the beneficiaries.
- Relevant Florida statutes and case law generally recognize trusts as legal entities.
Would you like additional information on this topic?
What is he talking about with " Section *.* of the Administration of Trusts in Florida Treatise."? How dose that have any barring
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Section *.* of the "Administration of Trusts in Florida Treatise" might be discussing the nuanced definitions and roles of trusts and trustees. The attorney might be interpreting that a trust, while it can own property, is not a "legal entity" in the same sense as corporations or partnerships. This could affect how laws are applied.
Would you like to know more about how this impacts your specific situation?
Section *.* of the "Administration of Trusts in Florida Treatise" might be discussing the nuanced definitions and roles of trusts and trustees. The attorney might be interpreting that a trust, while it can own property, is not a "legal entity" in the same sense as corporations or partnerships. This could affect how laws are applied.
Would you like to know more about how this impacts your specific situation?
Even if a trust is not a "legal entity" in the same sense as corporations or partnerships, does it still fall under this law?
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Yes, even if a trust is not a "legal entity" in the same sense as corporations or partnerships, it would still fall under the law you referenced. Trusts are recognized as entities that can own property and, therefore, are covered under the term "any entity" in the statute.
Is there anything else you need clarification on?
Yes, even if a trust is not a "legal entity" in the same sense as corporations or partnerships, it would still fall under the law you referenced. Trusts are recognized as entities that can own property and, therefore, are covered under the term "any entity" in the statute.
Is there anything else you need clarification on?
So his claim that a trust is not a legal entity and the use of Section *.* of the "Administration of Trusts in Florida Treatise" to support that is just blowing smoke, trying to confuse the reader as to what the reality is of this law?
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Hey ****! The attorney's claim might be a bit misleading. Trusts are recognized as entities that can own property under Florida law, and would fall under the term "any entity" in the statute you referenced. Would you like more detailed information on this topic?
Hey ****! The attorney's claim might be a bit misleading. Trusts are recognized as entities that can own property under Florida law, and would fall under the term "any entity" in the statute you referenced. Would you like more detailed information on this topic?
If my board is blocking me from assigning who I want as my authorized voter, (which would allow him to run for the board) would I be able to seek an injunction to stop the next vote for board members until the dispute is settled in court or through arbitration
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You may have grounds to seek an injunction if the board is preventing you from designating your authorized voter. To pursue this, you would need to demonstrate that the board's actions are causing irreparable harm and that you have a valid legal claim.
Would you like more information on the process of obtaining an injunction in Florida?
You may have grounds to seek an injunction if the board is preventing you from designating your authorized voter. To pursue this, you would need to demonstrate that the board's actions are causing irreparable harm and that you have a valid legal claim.
Would you like more information on the process of obtaining an injunction in Florida?
How long does it usually take to get an injunction?
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The time it takes to get an injunction in Florida can vary depending on the specifics of the case:
- Temporary Injunction: Can be obtained quickly, often within days, especially if there's an urgent need.
- Permanent Injunction: May take longer, potentially weeks or months, as it requires a full hearing.
Do you need more detailed information on the process or any other assistance?
The time it takes to get an injunction in Florida can vary depending on the specifics of the case:
- Temporary Injunction: Can be obtained quickly, often within days, especially if there's an urgent need.
- Permanent Injunction: May take longer, potentially weeks or months, as it requires a full hearing.
Do you need more detailed information on the process or any other assistance?
Would a request to delay the vote for new board members the type of issue one could get a temporary injunction for?
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Yes, you might be able to get a temporary injunction to delay the vote for new board members if you can prove that not delaying it would cause irreparable harm and that you have a legitimate legal claim.
Have you gathered any evidence or documentation to support your claim?
Yes, you might be able to get a temporary injunction to delay the vote for new board members if you can prove that not delaying it would cause irreparable harm and that you have a legitimate legal claim.
Have you gathered any evidence or documentation to support your claim?
If there is an existing case like mine that has already been tried, how would I find such as that?
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You can search for similar cases by:
- Checking Florida court records online.
- Using legal research databases like Westlaw or LexisNexis.
- Visiting your local law library for case law resources.
- Consulting with a legal professional who can help you navigate these resources.
Would you like more detailed guidance on accessing these resources?
You can search for similar cases by:
- Checking Florida court records online.
- Using legal research databases like Westlaw or LexisNexis.
- Visiting your local law library for case law resources.
- Consulting with a legal professional who can help you navigate these resources.
Would you like more detailed guidance on accessing these resources?
yes, what would i search by?
Case Rating: *
To find similar cases, try searching using the following keywords and phrases:
- "Florida injunction board member vote"
- "Florida trust voting rights case law"
- "Temporary injunction to delay board election Florida"
- "Florida cooperative voting dispute case"
Would you like specific guidance on accessing Florida court records online or using legal research databases?
To find similar cases, try searching using the following keywords and phrases:
- "Florida injunction board member vote"
- "Florida trust voting rights case law"
- "Temporary injunction to delay board election Florida"
- "Florida cooperative voting dispute case"
Would you like specific guidance on accessing Florida court records online or using legal research databases?
Are HOA laws and Coop laws pretty much the same?
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HOA (Homeowners Association) laws and Coop (Cooperative) laws have some similarities but also key differences. Here are some general points:
- HOAs: Governed by Chapter * of the Florida Statutes, they typically involve single-family homes or townhouses. Members own their individual units and share common areas.
- Coops: Governed by Chapter * of the Florida Statutes, they involve shared ownership of a building, where members own shares in the corporation that owns the property.
Would you like more specific information on a particular aspect of these laws?
HOA (Homeowners Association) laws and Coop (Cooperative) laws have some similarities but also key differences. Here are some general points:
- HOAs: Governed by Chapter * of the Florida Statutes, they typically involve single-family homes or townhouses. Members own their individual units and share common areas.
- Coops: Governed by Chapter * of the Florida Statutes, they involve shared ownership of a building, where members own shares in the corporation that owns the property.
Would you like more specific information on a particular aspect of these laws?
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