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Annual Board Election has been deemed invalid by an attorney. Does the new invalid Board have any power and how soon do they have to hold a new electi

Started by BoydT5 replies • 494 views

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BoydT (Florida)
Posts: 15
Posted:
Hi All,

To begin with I thank all who responded to another matter in regards to a board member that we had enough votes to recall. However, in this case we did not use the recall vote as another owner hired a lawyer and had the whole annual board election deemed invalid. The new President (in theory) is making rash decisions and holding meetings with no membership attendance claiming it personal matters and excluding the Building Manager.They are also making decisions for massive expenditure on our building that are not logical. There is much revolt in the building towards the new President (again in theory) and the Building Manager is being impeded from doing their job.

As an observer and advisor to the group that is challenging all of this (us included), I'm just an owner, but need some input please.

1) Is this invalid Board actually a Board?
2) Can the new/invalid Board, that has a small band of a majority, push through major decisions without a new vote and a valid Board in place or any decisions for that matter?

Our building has gone from a nice place to live just a few months ago to a place of division and dictatorship. I will not delve into why the voting was deemed invalid but enough to say an Attorney had it thrown out without a fight.

Thank you for any advice you can give.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Boyd

So one lawyer said the election was invalid. If so, why has no legal action been taken?
BenA2 (Texas)
Posts: 1,273
Posted:
An attorney can give an opinion but only a court can deem an election invalid. Did that happen? If a court ruled the election invalid, it is very likely that it ordered a remedy, such as, you must have a new election within a certain amount of time.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By BoydT on 06/04/2020 10:28 AM
Hi All,

To begin with I thank all who responded to another matter in regards to a board member that we had enough votes to recall. However, in this case we did not use the recall vote as another owner hired a lawyer and had the whole annual board election deemed invalid. The new President (in theory) is making rash decisions and holding meetings with no membership attendance claiming it personal matters and excluding the Building Manager.They are also making decisions for massive expenditure on our building that are not logical. There is much revolt in the building towards the new President (again in theory) and the Building Manager is being impeded from doing their job.

As an observer and advisor to the group that is challenging all of this (us included), I'm just an owner, but need some input please.

1) Is this invalid Board actually a Board?
2) Can the new/invalid Board, that has a small band of a majority, push through major decisions without a new vote and a valid Board in place or any decisions for that matter?

Our building has gone from a nice place to live just a few months ago to a place of division and dictatorship. I will not delve into why the voting was deemed invalid but enough to say an Attorney had it thrown out without a fight.

Thank you for any advice you can give.

If the election was invalid, then anything that the elected board does can be overturned by a judge. But judges may be reluctant to do that.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By BoydT on 06/04/2020 10:28 AM
... owner hired a lawyer and had the whole annual board election deemed invalid.

Hi, Boyd. Like others have asked, how did that happen? Was there a case arbitrated by the state's DBPR? That's the only mechanism I'm aware of that can invalidate an entire election.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Jumping on the wagon - who said the election was invalid?

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