💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

CarolineD (Florida)
Posts: 1
Posted:
Three of the 4 BOD resigned recently (pres in may)(tres in Dec)not sure when the secretary resigned
The current VP has been running the HOA as a monarc.
In todays meeting after several attempts in prior meetings by the residents to fill the missing positions she/he apointed thier neighbor as tresurer.
Now as per FL statue 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.
Our docs clearly state: only the offices of sec and tres can be held by one person No person shall simultaneously hold more than one or any of the other offices. By having this statement in the bylaws are we able to do something about the apointment of a new boardmember that the community did not agree upon?

I hope this wasn't to long
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
are we able to do something about the apointment of a new boardmember that the community did not agree upon?


Its obvious they were not appointed correctly, so I would assume because it is an emergency, the appointment is only an interim officer.

Google: An officer ad interim is a person appointed to fill a position that is temporarily open, or to perform the functions of a particular position during the absence or temporary incapacity of the individual who regularly fulfills those duties.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, if the community didn't agree with who was picked, someone else should have stepped forward and offered to serve. In fact, it's interesting that your community has had several meetings and haven't been able to fill the three empty positions. As you know from reading anything on this board, running an association is a big job and it's unfair (and dangerous) for one person to do everything. The rest of the community should have seen this coming when the board got down to two people.

You'll probably need to have yet another meeting to get all these slots filled - once that happens, a decision can be made as to who will hold what office.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
FredB4 (Ohio)
Posts: 375
Posted:
There may be something in your bylaws that require the board positions be filled within a certain amount of time.

Also, if no board members step forward, it may end up that a receiver will need to be appointed to manage the property. A management company can't legally run the property without a boad to direct them. The owners will, at that point, lose control of the property and will be obligated to pay the cost of the recever ... which will be considerable.
Probably owners will come forward at that point and take over the board ...at least that is how it worked for my nephew in Florida who found himself in that same position.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here