Board of Directors Annual meeting election in FL

LitleangelR (Florida)
Posts: 5

Posted:

This Question is for those of you who are from Florida. I am well acquainted with the FL. Sats,how ever don't know if its because i am tired , but I know that the FLa Stattues do mention that th e number of directors whould be wither 3, 5 or seven at the most. what i dont remember is which section of chapter 720 is the one that says so besides our bylaws. can someone refresh my memory? pretty please?! help. for the last three years we have had only three members , resulting in the lack of BOD meetings were we can be informed of the latest happenings and procedures performed in our community, leading to a lot of misundestanding and leaving a lot of room for misi8nterpretations on their decision making process, then if one cannot attend because he or she is too busy, ther eis no quorum. our electons will be this upcoming tuesday August th esix. Our by laws do ocntemplate this area , never theless, we have four different bylaws illegally amended by the previous managment entity with th e approval of the board of directos without ou rconcent, now we dont know , waht of all four phaaseses , which one says the same thing in that regard. please illustrate me on the subject matter. thank you in advanced.

GlenL (Ohio)
Posts: 5,491

Posted:

I'm not aware of any set number of directors in 720 - that would be something they would defer to the governing documents for. There is this section on what can be done if a quorum of directors cannot be reached either by appointment from the remaining directors or by a special meeting called to elect a quorum.

720.3053 Failure to fill vacancies on board of directors sufficient to constitute a quorum; appointment of receiver upon petition of member.—
(1) If an association fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, any member may give notice of the member’s intent to apply to the circuit court within whose jurisdiction the association lies for the appointment of a receiver to manage the affairs of the association. The form of the notice shall be as follows:

NOTICE OF INTENT TO
APPLY FOR RECEIVERSHIP

YOU ARE HEREBY NOTIFIED that the undersigned member of (name of homeowners’ association) intends to file a petition in the circuit court for appointment of a receiver to manage the affairs of the association on the grounds that the association has failed to fill vacancies on the board of directors sufficient to constitute a quorum. This petition will not be filed if the vacancies are filled within 30 days after the date on which this notice was sent or posted, whichever is later. If a receiver is appointed, the receiver shall have all of the powers of the board and shall be entitled to receive a salary and reimbursement of all costs and attorney’s fees payable from association funds.

(name and address of petitioning member)
(2) The notice required by subsection (1) must be provided by the member to the association by certified mail or personal delivery, must be posted in a conspicuous place within the homeowners’ association, and must be provided to every member of the association by certified mail or personal delivery. The notice must be posted and mailed or delivered at least 30 days prior to the filing of a petition seeking receivership. Notice by mail to a member shall be sent to the address used by the county property appraiser for notice to the member.
(3) If the association fails to fill the vacancies within 30 days after the notice required by subsection (1) is posted and mailed or delivered, the member may proceed with the petition.
(4) If a receiver is appointed, all members shall be given written notice of such appointment as provided in s. 720.313.
(5) The association shall be responsible for the salary of the receiver, court costs, and attorney’s fees. The receiver shall have all powers and duties of a duly constituted board of directors and shall serve until the association fills vacancies on the board sufficient to constitute a quorum and the court relieves the receiver of the appointment.

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