Re-Election Or Replacement Of Board Member

Hello,

In an HOA still under Developer control, I would like to receive some input regarding a situation that may take place at our Annual Meeting. It appears the Developers board (2 members) may be trying to include either a re-election for my seat, or just having me vacate my seat so "someone else can have a turn" (I was elected by the residents per FL statute at 50% conveyed homes. This is also included in our CC&R's). I believe according to statute (and our documents) that I am able to serve until the turnover meeting. And then my seat would be up for re-election at that time. Here are a few questions maybe someone can answer;

1) Can the Developers board put this on the agenda, even though the FL statutes require an election take place at 50% and another election within 90 days after turnover (90%) for majority control of the board? Our CC&R's do not have anything in it stating this kind of election can or should take place.

2) Can the Developer actually go against the statutes and our CC&R's?

Thank you for any comments or suggestions

Thanks for your post TimB4, I don't see how interpretation even comes into play here or that interpretation should supersede statutes. They (statutes and docs) clearly show elections of board members take place at 50% & 90% conveyance respectively. What concerns me more is that the members of the community (with the exception of one homeowners agenda pushing this) knows this will even take place until the 14 day notice requirement is mailed, and that they may be forced to vote on this. In any event, thank you again for the comment. I have begun weighing my legal options if it comes to that.

FL Statute 720.307 Transition of association control in a community — with respect to homeowners’ associations: Here is the link : http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

specifically 720.307 (1A), and 720.307 (2) Thank you

I agree TimB4 with what the statute reads as that much is clear, our governing documents read however, that terms for all future elections would be "subsequent" to turnover (90%). So my term should serve until the turnover IMO. There is no covenant in place stating "before" turnover that an election of the resident board member is to take place or that my term is defined as one year. There is provision for removal by petition of members (which majority support me), but no such petition was ever filed (elections were nine months ago). I have no issue with running for re-election if that is the case but to have my seat vacated by the developer sounds suspicious and a clear violation of statute. Frustrating, for sure but if it is left up to the members I have no doubt I would retain my seat. At one point the Developer even sought counsel to "get around" the statute allowing members to vote at 50%, this is why I believe this to be another attempt to violate statute and their own CC&R's. Again, I respect all comments and opinions Thanks