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MarleeS (Florida)
Posts: 50
Posted:
Our FL HOA Board removed an ARC member because she is a spouse of a Board director. The President said it was against the law.

I'm reading in Chapter 720.306/9 (a) that all members of Assoc are eligible for the board.
There is nothing addressing committees in the statutes and by-laws.

Is he right? I can see where there would be a conflict of interest regarding a vote where both would benefit....then they could not vote on that issue.

thanks for any help.
GlenL (Ohio)
Posts: 5,491
Posted:
When someone says something is against the law, my first response is: "Show me."

Studies show that 5 out of 4 people have problems with fractions
GlenL (Ohio)
Posts: 5,491
Posted:
Of course committee members serve at the pleasure of the Board and can be removed/replaced at the Boards pleasure.


Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Glen is right.
MarleeS (Florida)
Posts: 50
Posted:
BUT...is it against the statutes to have both serve? Like he said.
That is the question.
I know they can be removed by the Board but I can't find the/his 'law' in the statute.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MarleeS on 03/10/2013 12:23 PM
BUT...is it against the statutes to have both serve? Like he said.
That is the question.
I know they can be removed by the Board but I can't find the/his 'law' in the statute.

Then ask him to show you. Even if it is not against the law for both to serve and I doubt that it is, the Board didn't need a reason to remove her.

Studies show that 5 out of 4 people have problems with fractions
MarleeS (Florida)
Posts: 50
Posted:
You know what...we are getting to that point. Asking for proof almost everyone time they open their mouths.

After removing that one person who was the spouse they removed the remaining two and now the Board IS the ARC.

They do not know what they do not know!

What an adventure to retire in Florida!

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Marlee

In another post you said you served several terms as your association's President. If so, I guess I am surprised you are asking questions about removing a committee member. Seems to me you should know a bit more as to how things operate/can be done after multi terms on the BOD.

MarleeS (Florida)
Posts: 50
Posted:
Are you kidding?

Have you ever served on a Florida HOA board? I served 2 terms as Pres...4 terms on the board....ending 2006.
I am still trying to keep up with the procedures. What worked then doesn't mean it will now.

That is why everyone needs to write their Fl State Senator about the HOA Reform Bill ( S580 and S596 ) that is going to be addressed this week. HOA's in FL need consistency like the Condo laws.
check it out.
GlenL (Ohio)
Posts: 5,491
Posted:
After having read the proposed bills, all I can say is "Thank God I Don't Live in Florida."

Studies show that 5 out of 4 people have problems with fractions
PeterD3 (Florida)
Posts: 708
Posted:

Currently Fl720 only addresses the make up of a Fining Committee. In that case members may not be realted or married to a BOD member.

So it is not against Fl laws. Check your HOA docs. but doubtful you'll find any restrictions there either.

As others have said the BOD controls the committees.

Neither of those bills you frequently refer to would address the issues you have brought up here lately. In fact parts of 580 have failed to pass before.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MarleeS on 03/10/2013 10:54 AM

I can see where there would be a conflict of interest regarding a vote where both would benefit

Sometimes, regardless if it's legal, it's best to avoid the appearance of a conflict of interest.
If there are others who are willing to serve, then it is probably better to remove the individual.

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