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DanaA (Florida)
Posts: 117
Posted:
that means a vote of the entire BOD when constituting a quorun at a BOD meeting right? However, our President just stated that it really means the "officers". He was responding to, and denied, a request for a proposed BOD meeting agenda item for our upcoming Oct.meeting. Our Protective Covenants state this particular issue "must be approved by the Board of Directors". President's emailed reply, word for word: "In Covenants where it says approved by the board of directors it is understood that the authority is delegated to the officers unless it says by a vote of the board." Well, hello, none of our CCRs make any reference to "a VOTE of the BOD" ever, it is always stated as "APPROVED by the BOD". I have researched our FL 720 and 617, and I need to find a proper rebuttal, other than an emotional one. Thanks again.
DonN (Michigan)
Posts: 357
Posted:
The CC&Rs are a contract and interpreted accordingly. "Approved by the board" means exactly that. It requires approval by motion or resolution at a meeting of the board of directors with the meeting properly notices. In Florida, the applicable law places specific requirements on the notice and the meeting.

DanaA (Florida)
Posts: 117
Posted:
Thank you so very much for your response. I have needed something definitive to respond with. Dana
MicheleD (Kentucky)
Posts: 4,491
Posted:
Well, the approval by motion assumes that the motion will be "voted" on by the board members -- all of those in attendance, unless they specifically abstain from voting.

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