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CharlesG5 (Florida)
Posts: 60
Posted:
HOA in Florida.

Is the Organization meeting first after the 2016 annual meeting or after the January board meeting?

Our Articles of Incorporation says yes but the president says no.

He wants his friend on the board so at the Organizational meeting his friend can be elected president. A board member resigned thats

why the Organizaioal meeting was second.

Does Florida Statutes have a ruling on this matter. I can't find one.
SheliaH (Indiana)
Posts: 6,964
Posted:
You aren't clear on your articles of incorporation - is the organizational meeting held after the annual meeting OR the January board meeting? The board meeting is usually a routine meeting.

Our board meetings are usually held after our annual meeting, as the latter was only about 30 minutes and sometimes less, depending on whether we met quorum. We didn't have a separate organization meeting - officers were appointed the same night during the regular board meeting. Typically, the same people kept their spots - they were asked if they wanted to stay on as whatever and if so, the board would have a formal vote in front of everyone.

In your situation, your friend will have to be elected by the HOMEOWNERS first. If your organization meeting is when the board chooses officers from among themselves (check your documents again to see if that's the case), it will be up to the rest of the board members to appoint him as such. If he doesn't get elected at all or everyone else on the board says no, that's that.

Do your documents gave the board the authority to appoint board members to serve out the rest of the term of someone who resigned? If so, same process - the rest will have to vote in this guy and if the majority don't do so, he doesn't get on the board.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GenoS (Florida)
Posts: 4,276
Posted:
There's nothing in the statutes, specifically FS 720, that say when or how those meetings must be conducted. Look to your governing documents. That's where our Articles of Incorporation, for example, say, "Said officers shall be elected by the Board of Directors annually at its meeting following the annual meeting of the members of the Association." We have that meeting right after the Annual Meeting of the Members, but another reasonable interpretation would be that it didn't have to happen right away on the same day.
KerryL1 (California)
Posts: 14,550
Posted:
Our Bylaws are similar to Geno's Articles. An organizational meeting is required in CA and we hold it immediately following the annual meeting. If that's what your Articles say, too, Charles, your prez is wrong. Are you on the Board? Do you have any clout?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Charles

How can the Pres. friend get on the BOD? Typically one has to be elected by fellow owners or appointed to a vacancy by the majority of the BOD. The Pres. alone can not appoint anyone to the BOD.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Charles,

You are unclear on the issue (at least to me).

Is the friend a member of the Association?

If they are, then the President can certainly nominate him/her as a replacement to the Board.
The Board would then vote and majority would rule.

If the friend is not a member, then does your governing documents have qualifiers (current in payments, must be a member, etc.) for who can serve on the Board?

If the documents do not have qualifiers, then the President can certainly nominate him/her as a replacement to the Board.
The Board would then vote and majority would rule.

The best way to counter this (regardless if the friend is a member or not) is to find others who are willing to serve and nominate them. This way, the Board will have a choice of who to appoint to fill the vacancy.
KerryL1 (California)
Posts: 14,550
Posted:
Tim's reply sound right, Charles. Looks like you need to read your documents.

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