HOA organizational meeting

There are some posters here, BobW, who're very knowledgeable about FL statutes, CarolF, for example.

But I'd start by asking you what do your own bylaws say? If your HOA is incorporated and most are, what do FL corporation codes say?

By way of comparison, CA statutes and our bylaws state that the organizational meeting, where the new board selects its officers, takes place as soon as possible after the election. So in my HOA, we adjourn the annual meeting & election and immediately convene the organizational meeting, which is, in fact, a board meeting.

When the election results are announced, the new directors take their seats at our Board's table. Because out bylaws require staggered terms, this would involve 3 or 4 new or reelected directors. If one or more directors lose their bid for reelection, they leave the table at that time. Then that meeting is adjourned. Generally on our board of 7 only 1 or 2 new directors are elected as many win reelection. So the "new" board consists, in fact, of seasoned veterans too.

If the membership has voted on any amendments to the governing documents, the new board must abide by the outcome and its officers sign the necessary materials. Our transitions have been orderly even though done immediately. I see no reason to delay the transition. We just had a v dry nasty election and one toxic director wasn't reelected. There' be no reason for the rest of us to serve with her for even one more hours let alone several days!

Many HOAs, however, have special election and special meetings of the members for voting on amendments to documents. Our transitions have been orderly when done immediately. I see no reason to delay the transition. Unlike cities an states, the magnitude of HOA Board business is small enough that a long transisiton is completely unneeded, imo.

Hmmmm, BobW, I have a hunch, maybe off target, that there's some other reason why you want to delay the transition....

Bob while you make what sounds like a good point on the face of it, the reason transfer takes place after the election is to prevent ticked-off loosers from signing agreements they shouldn't.

For clarification, let me add that I have been the president of this 80 home HOA for nine years. As with many other associations, we find it very hard to recruit new board members. It is even harder to find anyone who is willing to serve as president. I have served this long only because no one else has been willing to serve in this position. There is absolutely no fame, fortune or glory in serving as president -- or in any other board position. But like thousands of others, we find our satisfaction in serving our community well.

Our Board recently wrote and unanimously approved an "Amended and Restated Bylaws" document to replace our very out of date 1992 bylaws document. We believe that the new Amended and Restated Bylaws were written in a very professional and legal manner. The new bylaws were submitted to the entire membership. They were approved by more than the required majority of all members. One of the provisions of the new bylaws is that the "new board shall assume office five business days after the new board members are elected at the annual membership meeting.

There is no sinister reason for including this "Five Business Day" provision. Our board just thought it would permit more time for the old board to complete old business that they had initiated and completed by obtaining membership approval at the annual membership meeting. In past year we have often found that the new board did not have enough experience yet to carry through properly with approvals obtained at the annual membership meeting. The old board initiated the action that was approved by the members at the annual membership meeting. Why not give the old board the opportunity to finish their work by recording a document that they worked so hard on and which was subsequently duly approved by the association's membership.

HOWEVER, my initial question was not meant to be a debate on the merits of when a new board should assume office. I am just trying to find out if anyone has actually seen a WRITTEN STATUTORY OR REGULATORY REQUIREMENT that clearly states when a new board should take over from the outgoing board. I did an "extensive word search" and found that Florida Statutes Chapter 720 and 617 are totally silent on this matter. I would really appreciate any inputs that reveal actual statutory or regulatory laws that deal with the "old board/new board" transition period. Also - where does any statute say that the board's organizational meeting must be held within 10 days after the annual membership meeting at which new board members were elected????

Bob I'm not an attorney but the only time frame I see for elections in 720 is in:
720.3033 Officers and directors.—
(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. ~~~~

Just out of curiosity does your five business day rule for transition also apply for recalls? If a board or member of the board is so bad that they require recalling, I can see a real problem giving them five additional days with their fingers in the cookie jar. Plenty of time for real mischief.