LaverneB (Florida)
Posts: 79
Posts: 79
Posted:
If our HOA does not get enough people voteing what happens. Our docs call for 2/3 votes on admendments, etc but nothing about board members election?
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Started by LaverneB • 1 replies • 1147 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Laverne,
Per FL corporate law (applicable if you are incorporated, which most Associations are), the sitting Board members would remain on the Board unless they resign. Anyone left on the Board would be able to appoint others to fill the empty seats. The specific section of the statute is 617.0806, which states [emphasis added]:
617.0806 Staggered terms for directors.—The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death.
See Florida Not For Profit Corporation Act. for more information.
Per FL corporate law (applicable if you are incorporated, which most Associations are), the sitting Board members would remain on the Board unless they resign. Anyone left on the Board would be able to appoint others to fill the empty seats. The specific section of the statute is 617.0806, which states [emphasis added]:
617.0806 Staggered terms for directors.—The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death.
See Florida Not For Profit Corporation Act. for more information.
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