Articles of Incorporation enforceable?

I have a question I hope someone can shed some light on. I live in an HOA Community in FL under Developer control. I do know from past experience that while under control of the developer, they at their own discretion can make changes to various things without consent or discussion from it's members. When this developer took over our community and re-stated the original articles of incorporation, there is a paragraph relating to membership voting that states " Notwithstanding the foregoing, Class A members (the residents)are entitled to elect at least 1 (one) member to the board when (fifty) 50% of the total developed lots are conveyed to members other than the declarant." We are coming up on that 50%. Now my interpretation to that is that when (half) 1/2 of 200 as an example are conveyed it would mean when we reach 100 homes built sold and closed on that we can have a resident elected to the board. So my question is even though we have our CC&R's which were also restated at the same time (date)and state a turnover date at 90% we elect not less than a majority of our board, which takes precedent here, and can we hold them to the Articles of Incorporation? any legal recourse? We have heard that the current developer controlled board will not entertain the 50% clause and we have to wait for 90% conveyance. Thanks

Hi, yes it is fairly typical however I should have been more clearer on my question. While that paragraph states we can elect a board member at 50% we are being told the developers board will not allow any resident to be elected until 90%. So again I ask the question, is the developers board required to uphold what is written? Or can they keep the membership from electing it's lone representative at 50% and have us wait?

Will keep that in mind Pita, thanks

Carmine one would assume having a resident board member elected according to your AOI would mean you would have a little insight into how things operate. It is a good starting point and another way for residents in your community to get feedback. Even though your vote wouldn't make a difference the better question here is why would that wording be included in your documents if the developer doesn't want to allow it?