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PamelaM5 (Florida)
Posts: 85
Posted:
I'm on the BOD in a community in FL that was set-up in a fashion made to cause problems. We have single family homes in two communities, four different condo communities and seven different boards. At one point a few years ago the dissension between different communities grew so great that we wound up in court and are operating under a settlement agreement.

As part of the settlement agreement, the board that I'm a trustee on - one of five trustees - appoints a representative to a master board. At our last meeting two of the trustees made and seconded a resolution to remove the right of one trustee to vote because of which community she lives in. They believe that only board members who live in our single family homes should have the right to vote on issues affecting the single family homes and that any directors coming from a condo not have the right to vote on such matters. I'll add here that membership on this board is open to anyone from single family or condos, and that right now it's four members from the single family homes and one from the condos, so only one person would be effected at this time, although it could change after our next election. The motion was eventually tabled but the issue is still being discussed.

I'm of the opinion that we need legal advice before we take away a trustee's right to vote but a very outspoken board member insists that what he wants done is legal and that spending money on an attorney review is a waste of money.

Any opinions? Mine is that it never hurts to get legal advice when undertaking something that will change the way issues are decided, now and in the future.
DanielH1 (California)
Posts: 482
Posted:
Saving money should be of minimal concern if you are operating under a settlement agreement.

(I'm surprised that the settlement agreement would allow trustees to "vote out" another trustee but whatever.)

Getting a legal opinion should be an insignificant cost compared to going back to court. Even if the outspoken Board Member is 100% right, the ousted trustee could still sue, even if they ultimately lose, and the trustees would have to pay a lawyer to defend their action in the meantime. If anybody has any doubt whatsoever, why save the pennies on a consultation only to spend dollars to mount a defense?

It's just penny-wise, pound-foolish.
SusanW1 (Michigan)
Posts: 5,202
Posted:
You use the word "representative", then you call this person a trustee.

Which is it?

Oft times, a representative does not have voting power, but is there to carry and represent the concerns of an interested group.

BUT if that "group" is assessed dues, then it is a different story.

Ever heard of taxation without representation?

PamelaM5 (Florida)
Posts: 85
Posted:
It's so convoluted that it's almost impossible to understand unless you've lived here for years, but I'll try to explain.

My board, a kind of master board for some single family homes and all the condos, appoints someone to be a trustee on a different master board for the aforementioned associations plus another one consisting of single family homes in what we'll call phase 2.

The entire thing is a legal nightmare.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Go back to your original paperwork. (Articles, CCRS, etc.)

It should tell if this "appointed position" post is a voting position or an advisory/representative.

The board could not take away the vote, if that is the case.

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