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LeslieB2 (Florida)
Posts: 1
Posted:
Hi. I am new to website. How many people here are from South Florida, if I may ask? We are a Home Owner's Association that falls under 720. If a person resigns after a recall last year, are they entitled to just be brought back into the board by the board because there is an open director's position from someone that just resigned due to health?
GlenL (Ohio)
Posts: 5,491
Posted:
Welcome Leslie, the answer to your question is yes as long as the member meets the qualifications set out in the law & CC&R's. Most documents allow the Board to replace resigned members with someone to fill out their term. Just because they were once recalled wouldn't be a disqualification, bad judgment maybe but not a disqualification.

720.306 Meetings of members; voting and election procedures; amendments.—

(9)(a) ELECTIONS AND BOARD VACANCIES.—Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held or, if the election process allows voting by absentee ballot, in advance of the balloting. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters.
(b) A person who is delinquent in the payment of any fee, fine, or other monetary obligation to the association for more than 90 days is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. The validity of any action by the board is not affected if it is later determined that a member of the board is ineligible for board membership.
(c) Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division. Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents. Unless otherwise provided in the bylaws, a board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. Filling vacancies created by recall is governed by s. 720.303(10) and rules adopted by the division.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Glen

Is that a Yes to the OP's question....LOL
DorieW1 (Tennessee)
Posts: 39
Posted:
Leslie, since you are new, I would like to share with you that TimB4 from Virginia, GlenL from Ohio, Fred57 from Arizona, JeanneK3 from Maryland, and LarryB13 from Arizona are posters with quality information that's objective and helpful. Welcome and enjoy! : )
TimB4 (Tennessee)
Posts: 21,059
Posted:
Leslie,

There are a fair amount of posters on here that are from Florida. You can determine where the poster is located when you open a thread, as their State is shown below their name in the Author column.

I thank Dorie for the kind words. There are many, many, many more regular posters who were not named that give great advice. Personally, I like the posters that don't agree with my opinion as it forces me to better defend my opinion, which may assist when I need to explain an issue to the membership or fellow board members. At the very least, they provide me with a perspective to the issue I may not have seen. This new perspective may have me change my position all together.

You may have seen some negative posts in the threads between members. Please don't let that discourage you from participating in the forum. Usually, it's intended as good natured fun between regular posters. Sometimes it's not. When it's not, if you are able to ignore the presentation of the opinion the advice could actually be very helpful. Fortunately, these issues are usually resolved to agreeing to disagree.

Glen answered your question and I have nothing to really add to his post except to offer my own "Welcome to the forum."

Tim

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