State law to have VP & Secretary?

Since becoming president in February, the Secretary and VP have sold their homes and the positions have not been filled. Is this a legal issue? I took over the position after the previous president stepped down to become a board member. When he was running the show, there were three of us who were board members, no delegated secretary or VP, but tonight he replies to an email I sent out that our HOA is not compliant with laws and is unacceptable.

The Florida Not for Profit Corporation Act says:

617.0840 Required officers.—
(1) A corporation shall have the officers described in its articles of incorporation or its bylaws who shall be elected or appointed at such time and for such terms as is provided in the articles of incorporation or the bylaws. In the absence of any such provisions, all officers shall be elected or appointed by the board of directors annually.
(2) A duly appointed officer may appoint one or more officers or assistant officers if authorized by the bylaws or the board of directors.
(3) The bylaws or the board of directors shall delegate to one of the officers responsibility for preparing minutes of the directors’ and members’ meetings and for authenticating records of the corporation.
(4) The same individual may simultaneously hold more than one office in a corporation.

-- Contact the Florida Secretary of State and get a copy of your HOA's Articles of Incorporation. Quote here what it says about officers.

-- Quote exactly what your Bylaws say about officers, please.

Painfully, I do not think you ever established whether your HOA is subject to FS 720 or FS 718. In another thread I was leaning toward FS 720 being applicable. If it is, then there is still no clear requirement for officers.

If you do not have enough directors (pursuant to the Bylaws), this is another problem. If you do not know the difference between officers and directors, this is the biggest problem at the moment.

I think Augie nailed it. FS 617 requires corporations not-for-profit to have all the officers called for in the Bylaws. My HOA Bylaws say the officers shall be a P, a VP, a Treasurer and a Secretary. The offices can be combined. We have no VP and haven't had one since February, in contravention to FS 617. Something so simple to fix and yet there's no interest or urgency to do so. Our Bylaws also say that in the event of a vacancy in any of the Officer positions, a replacement shall be appointed ASAP. Nope! "We don't care what the law says, never mind the Bylaws." The homeowners seem to be OK with that. We'll be selling and moving before the end of next year.

Ana,

Why have you not appointed more directors?

What am I supposed to do, knock on my neighbor's doors and demand they make themselves useful?!

How come you do not respond to the queries others and I put to you?

Yes, Ana, read your bylaws. We here do not know what they say.

And, please do answer the good questions put to you by others.