TinaM1 (Florida)
Posts: 5
Posts: 5
Posted:
I am a former board of director for a very small HOA in Florida. There are only 20 possible members in the subdivision eligible to serve on the 3-5 member BOD. Many of the members have served and resigned in the 11 years since the developer turned the property over to the individual members of the association. There is wording in the association CCR's (but not in the Florida state statutes at this time that I can find) that states that a director that resigns many not be reinstated. Does this mean that they cannot be reinstated to fill the vacancy that they created, or does this mean they can never serve on the BOD again?
The exact wording is this:
Section 4.3 Removal. A director, other than a Director named by the Declarant pursuant to Section 4.2, may be removed from the Board with or without cause, by a majority vote of the members of the Association entitled to vote or by the Declarant until such time as the Declarant transfers the right to vote to other members. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Directors who resign may not be reinstated.
The exact wording is this:
Section 4.3 Removal. A director, other than a Director named by the Declarant pursuant to Section 4.2, may be removed from the Board with or without cause, by a majority vote of the members of the Association entitled to vote or by the Declarant until such time as the Declarant transfers the right to vote to other members. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Directors who resign may not be reinstated.