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JamesB15 (Florida)
Posts: 87
Posted:
Our new president stated that he does not recognize Fl. 720. This was in connection with a board member that was voted on the board at the last meeting. The member had not paid his dues for 8 months. When I asked that he be replaced we were told that the covenants do not provide his removal. The new president nominated him in the past meeting and appealed to us to get along. Members advised he us not eligible. He then asked that we appoint a committee to see if we recognize Fl. 710.Go figure. When asked if convicted felons can serve the president refused to address it. A motion then was allowed by him and it asked to remove him as president. It was seconded. The president would not allow the vote to be counted as he knew it was 4 to 2(One ineligible)to remove him. He then left with the other legal member and the vote was not counted as we no longer had a quorum.

The president's actions were singular and not in our best interest. If he continues to hold out or uses dues to consult an attorney without permission of the board could he be held personally responsible? Is the motion still on the floor when we convene the next meeting? Thanks Jim
JohnB26 (South Carolina)
Posts: 1,569
Posted:
yea and yes

contact the company which issued your D & O insurance

i'm sure they would like to help remove this threat to THEIR bottom line
CarolR11 (Colorado)
Posts: 2,563
Posted:
Are you on the Board, James? I feel like I'm missing a lot.

Does 720 apply to your HOA? Does 710? Do they/does it state that directors must be current with their dues?

Have you looked at your covenants yourself on this topic? Or your Bylaws? What do they say?

Do either state say how to remove the president? Usually, the Board can vote the prez out of office, but, as a director, not off the Board. What do you mean he wouldn't let the votes be counted? Were they written ballots?

The prez cannot just leave or adjourn a meeting -- I may misunderstand you -- it sounds like you still had a quorum?

Look at your documents to see who may call a meeting. Often all that's needed is the president or two directors, neither or whom is the prez. If two of you call a meeting and a quorum attends. Start over and vote him out.

But who takes minutes. Don't the minutes of the meeting you discussed show that a majority voted the prez out of office? If so, he's gone.

Do you have a prop. mgr.? Often they can be helpful in these cases.

What size is your HOA?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JamesB15 on 09/11/2012 1:20 PM
If he continues to hold out or uses dues to consult an attorney without permission of the board could he be held personally responsible?

I am not familiar with Florida statutes.

Generally, officers of a corporation serve at the pleasure of the board of directors. A president is normally permitted to do pretty much whatever he feels it takes to keep the association running, and that would normally include obtaining legal advice at association expense.

There are at least two ways to prevent your president from spending your funds on lawyers. First, remove him from office. Second, the board can by resolution limit his authority to consult with attorneys.

I would be concerned that the president is obtaining personal legal advice for himself on the association's dime. Ask the attorney what was discussed and if the attorney says he cannot reveal that due to his attorney-client relationship, you have a pretty good case that the president is receiving personal advice. In that case you would be on solid ground to demand reimbursement.
JamesB15 (Florida)
Posts: 87
Posted:
Our HOA is regulated by Fl.720. I have read our covenants and there is no mention of qualifications other than you don't have to be an member to be elected to the board. The president can be removed from office at anytime by majority of board. The president got up and walked out with one other member and the ineligible member we had discussed without a motion on the table. Just plain left. He knew we wanted him to step down. The minutes will say motion made and seconded to remove him. That's where it ended. He believes that money in the budget is money approved. We don't have a property manager so he will hire the person of his choosing. I want to put him on notice that any action taken by him at this point will be on him and not the association. What happens to the motion made and seconded when he walked out?
CarolR11 (Colorado)
Posts: 2,563
Posted:
If the board didn't vote, he's still the president. As I wrote earlier, you & another director should be able to call a special meeting of the board, make sure you have a quorum, and vote him out of the office of president.

I'm on our Board and our president does not have the authority to spend our funds on our HOA attorney without the Board approving the expenditure. But, I don't know about your board, James.

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