Board Recall

Good morning, last night we had an annual meeting and we had no quorum so the current board memebers stayed.
I live in Florida and we have 548 homes
I had spoken to our ex-HOA attorney,He stated that ecuase of the capacity of homes we only needed 160 certified home owners. Last night the HOA attorneybstated that we needed 183. Can someone tell me if his numbers were correct?
I came in with 83 votes on my behalf and the president only had 20.
Once the attorney ajourned the meeting I raised my hand to the ask the ultimate question. " why is it the our president is also an employee of the association? On Dec.26 2018 I aaked you the same question and you had mentioned that he is not a director" and that is as far as i got,the attorney blew up and was shouting at me. He said that he never said that and I was confused and it got into a shouting match.
He was very professional.
It clearly states in our governing documents that the following:
-The president shall be a director
and the florida statue states that compensation is prohibited.
-The new management contract states that all employees are employees of the association and only the board of directors can terminate the employees.
Well the president is an association employee how is that ethical?
I tried to tell them that the president needs to step down but the attorney went ape s!#: on me destroyed the meeting and stormed out the door. He was infuriated almost looked like he wanted to rip my neck off.
I'm thinking of bringing my case to the state attorneys office.
Does anyone have some advise for me?

Also notices of the annual meeting were not posted thru out the community like the normaly do within 48 hours of a meeting.
I live in an HOA association not condo.
Thanks.

I'm confused, as usual.

If there was no quorum, there was no meeting, right? (what is your quroum?) - if less than 30% whatever is in your bylaws, if equal to or more than 30% in Bylaws looks like it is 30% per FS720 - or 165 owners (548 x 0.30 = 164.4)
"(a). Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests."

Isn't the number of votes (I'm assuming you mean for director position) irrelevant since there wasn't a quorum?

The meeting was adjourned immediately since there was no quorum, right? Why would you ask a question after the meeting was adjourned?

Compensation - devil in these details - in what capacity is the president an employee?
"(12) COMPENSATION PROHIBITED.—A director, officer, or committee member of the association may not directly receive any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association. This subsection does not preclude:
(a) Participation by such person in a financial benefit accruing to all or a significant number of members as a result of actions lawfully taken by the board or a committee of which he or she is a member, including, but not limited to, routine maintenance, repair, or replacement of community assets.
(b) Reimbursement for out-of-pocket expenses incurred by such person on behalf of the association, subject to approval in accordance with procedures established by the association’s governing documents or, in the absence of such procedures, in accordance with an approval process established by the board.
(c) Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members.
(d) Any fee or compensation authorized in the governing documents.
(e) Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members.
(f) A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association."

Notice of the membership meeting - nothing in here about 48 hour postings - is that in your Bylaws?
"(5) NOTICE OF MEETINGS.—The bylaws shall provide for giving notice to members of all member meetings, and if they do not do so shall be deemed to provide the following: The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda."

Since we weren't at the meeting, we don't know what happened wrt the attorney - attorneys yell all the time, so what? This isn't court with a judge. If you feel strongly about the attorney's behavior, report him, but based on what you said, I would think that would be a waste of time.

Finally, Hector, you need to be far more disciplined to win - you have things out of order - you aren't quoting the Bylaws or the FS - the tactical and verbal attacks on the Board and process and attorneys - all work AGAINST you winning this.

Thank you everyone for your responses, I actually did have copies of the florida statues in hand but the attorney was yelling over me and not allowing me to speak.
I will wait till the next board meeting and ask to place this topic on the agenda so i may bring it up to the board.

You know what, you are correct. This has been affecting my health. At times my chest feels like its going to erupt.

More nonsense from RoyalP. Ignore him, Hector.

I have always lived in neighborhoods that were significantly improved in every way by HOA management.

Jump in and make yours a great place ... it will require patience and a complete understanding of your docs, Florida’s statutes and the ability to organize - calmly, and in a forthright and open manner.

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