Developer turnover in Florida

Started by SheilaH2 • 4 replies • 1841 views

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SheilaH2 (Florida)
Posts: 11

Posted:

Our community is being turned over by the developer shortly. Can the developer appoint officers/directors? They are reaching out to members for nominations. Not many homeowners are coming forward to be nominated for some positions. Do they need to be voted on by all members? Our docs state that the board of directors (who is still the developer) can elect officers. Appreciate any comments.

SheliaH (Indiana)
Posts: 6,964

Posted:

Ask the developer and check the community Bylaws, if there are any. It sounds like the initial board is appointed by the developer to oversee the transition to the homeowners - usually Boards elect officers (president, vice president, etc.) from among themselves.

Once the community is turned over, there will be an election at some point and then the community can vote on whether to keep the initial group or vote in others, depending on how well they perform. Too bad few homeowners are coming forward - that doesn't necessarily mean the people who volunteer will be bad board members, but if people are already indifferent about this, what'll happen down the road when the Board begins making more detailed decisions?

Ideally, the developer will begin working with those initial homeowners on what they'll need to do as board members, but if they aren't, the Community Association Institute (CAI) has some resources for these types of Board members that can help them identify possible potholes, as it were, and ways to address them.

I hope you consider being on that initial board and take advantage. An educated Board at the start can find itself way ahead of some communities that have been around for years and still don't have a clue. You can also use the search function on this website to find previous conversations on the subject - good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I am not nor do I play a lawyer.

We recently had our turnover. Our Declarant asked his lawyer how to do a turnover. The lawyer basically said there are no laws governing/directing how it should be done. The lawyer said just keep it all out in the open and no one should object.

The way we did/are doing our turnover. The Declarant appointed a BOD (all on site owners) while the association was still under his control. The BOD held an election among itself for Officers. On 12/31/2014 the Officers were named as Officers of the HOA Corporation, effectively turning control over to the owners.

We informed our owners that was going to happen at a General Meeting in mid December followed up by an article in our newsletter. We also announced that there would be a BOD election at our Annual Meeting in April.

So the Declarant appointed BOD became the BOD and will be such until April.

We have had no objections.

CarolF (Florida)
Posts: 435

Posted:

Florida has specific statutes with regard to transition. See 2014 Fl Statutes Title XL Ch. 720.
See 720.307 Transition of association control in a community.—With respect to homeowners’ associations:

JanetB2 (Colorado)
Posts: 4,219

Posted:

Sheila:

Are you condos or single family homes? If I recall off top of my head section 720 in FL law is for single family homes. While both sections are somewhat similar there may be slight differences; therefore, my question so you can for sure be pointed to absolute correct statute section to reference.

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