Management Co hired by old board does not recognize new board.

Our election was held on the 28th of January (contrary to our bylaws) and only 1 out of 4 previous board members ran to be re-elected. On the 15th of January the previous board hired a management company and handed over all our files to them. We held our organizational meeting on February 1st called by the management company. We have issues with our financial situation and have been trying (through various people) to see the books. They never let anyone see them. We found out the old treasurer is still on our bank account as having signing authority. We requested to go to the bank to have her removed and the new president added. This request was refused by our treasurer (was the president/vice president) of the old board. Today we got a recall notice for two of the new board members from the management company. We feel our building is at risk and money has been misappropriated. What can we do?

I'm with Jeff. No officer decides to change signatures, the Board does via its vote at a meeting.

and what the heck does this mean: "Today we got a recall notice for two of the new board members from the management company."

I don't know FL statutes, but what IS a "recall notice?" Is it a petition signed by owners? Or is it signed by the MC?

Are you in a condo or HOA, JillC3?

It is quite evident that the board does not want to give up it's power even though they did not run for office. Our condo is a 24 unit building (one unit unoccupied) Since my last post I am no longer on the board. They had 16 owners vote against me and therefore I was automatically removed. Our board consists of 5 people and two of us were recalled leaving only two (the president, Treasurer and secretary [who was added after the election)}. They have since assigned two new board members without a meeting and without the president being invited. They called meeting to identify who recalled us but the board members did not attend. The management company informed me.I mentioned I wanted my time to explain and was promised I would be allowed to talk at the first meeting held.

I don't even know most of the people who voted to have me recalled but they are listening to an owner who for whatever reason has an ax to grind.

Our building has many issues not the least of which is our roof, we are in litigation to have an approved owner's fiance removed from the building because of mischief and our past treasurer was paying herself and her boyfriend for various things not approved by the board or the owners.

We finally had won the majority vote on the board and now our attempts to win that majority have been dashed because of lies and language problems. (French not understanding English)

I am at my wits end.

You said: "Our election was held on the 28th of January (contrary to our bylaws). . ."

As soon as you stepped outside the power of your bylaws, anything you did was invalid.

I wish it was that easy, The management company is saying our bylaws are out of date and therefore invalid.

This is a complicated situation and it sounds like your management company has a different perspective. I think the only good advice is to talk to an attorney. Chances are good that your management company is acting on an attorney's advice.

How so? You are entitled to file an election dispute with the Florida Division of Business and Professional Responsibility, the DBPR. They will appoint an arbitrator to hear the case and make a decision. You have 60 days to file a dispute and, yes, you may have to hire an attorney to help you with it.

What do your "out of date" bylaws have to do with anything? The Florida statutes set the requirements for recalls in both condos and HOAs and supercede anything in the bylaws. Maybe that's what the MC was saying.

Sorry, Jill, I don't know what this means: "according to our bylaws 2 the president and vice president with 1 year terms." what is it responding to, too.