LaverneB (Florida)
Posts: 79
Posts: 79
Posted:
Our docs call for a 7 member board. One of the people quit 2 months ago. The board has not asked or voted on replacing this person...Can the board still hold meetings, vote,etc?
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Started by LaverneB • 5 replies • 579 views
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GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Sure.
The Board can even leave the position open until the next annual meeting.
The Board can even leave the position open until the next annual meeting.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Yes as long as there are sufficient directors to constitute a quorum in accordance with your bylaws. Otherwise the board MAY appoint people to the empty seats but they usually don't have to. If you have a board size of 7 then as long as you have 4 it's fine.
CarolF (Florida)
Posts: 435
Posts: 435
Posted:
Ditto Geno and George
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Our HOA didn't have it written in for the board to pick a replacement. They could only be elected when the next yearly elections happened. Ended up losing 5 board members (including myself) 1 year. Had to wait for elections to get any new board members. So your HOA may not be able to assign someone to fill a spot.
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GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By MelissaP1 on 10/30/2018 5:15 PM
Our HOA didn't have it written in for the board to pick a replacement. They could only be elected when the next yearly elections happened. Ended up losing 5 board members (including myself) 1 year. Had to wait for elections to get any new board members. So your HOA may not be able to assign someone to fill a spot.
Our HOA didn't have it written in for the board to pick a replacement. They could only be elected when the next yearly elections happened. Ended up losing 5 board members (including myself) 1 year. Had to wait for elections to get any new board members. So your HOA may not be able to assign someone to fill a spot.
Usually not a problem in Florida. No need to wait for an election. A single remaining director can bootstrap others onto the board.
FS 720.306(9)(c)
"Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents."
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