RichardD22 (Florida)
Posts: 5
Posts: 5
Posted:
In a Florida HOA, does one vote for the person to be on the board of directors or for the person to be in a specific position (e.g., Secretary) on the board of directors?
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FL HOA: Vote for BOD in general or specific BOD roles?
Started by RichardD22 • 6 replies • 219 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
While I should avoid FL......
Typically owners elect people to the BOD then the BOD meets and among themselves vote directors to officer position such as Pres., VP, Treasurer, Sec. Typically Officers are Members of the BOD but not all BOA Members are Officers. Notice I said typically. Read your Bylaws. YMMV.
Typically owners elect people to the BOD then the BOD meets and among themselves vote directors to officer position such as Pres., VP, Treasurer, Sec. Typically Officers are Members of the BOD but not all BOA Members are Officers. Notice I said typically. Read your Bylaws. YMMV.
RichardD22 (Florida)
Posts: 5
Posts: 5
Posted:
To be more specific: Does Florida law prohibit HOA members voting/electing each specific officer on the BoD? My understanding is that Texas law does prohibit this, so I wondered if FL law does. I have not yet found such a prohibition but there are lots statutes.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
FS 720 is silent on this subject. What do your documents say about officer positions? I would say that unless your documents specifically allow members to vote for specific people in officer positions then it’s not valid. Generally members don’t vote on officer positions. This is decided among the board. I don’t think you can justify it if the documents don’t call it out. It may not be illegal but I think it could be legally challenged.
RichardD22 (Florida)
Posts: 5
Posts: 5
Posted:
Thank you @LoriM15 for sharing that perspective.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Read your own documents, Richard, especially your bylaws. In them you'll see a section about meetings of the members. Members are owners. You'll see something about the annual meeting of the members. Here it'll say something about the purpose, which is to elect members of the board of directors. So....owners left directors. Their vote does nothing else.
Officers are not elected by owners at this annual meetings unless somehow your bylaws say so, huh would be incredibly rare. If your HOA is a corporation, there also is FL corporation does, which states the roles of officers and how they are selected.
Officers are not elected by owners at this annual meetings unless somehow your bylaws say so, huh would be incredibly rare. If your HOA is a corporation, there also is FL corporation does, which states the roles of officers and how they are selected.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By RichardD22 on 08/09/2023 3:30 PM
To be more specific: Does Florida law prohibit HOA members voting/electing each specific officer on the BoD?
To be more specific: Does Florida law prohibit HOA members voting/electing each specific officer on the BoD?
I do not support going to the trouble of surveying owners about this.
Quote:
Posted By RichardD22 on 08/09/2023 3:30 PM
My understanding is that Texas law does prohibit this, so I wondered if FL law does.
My understanding is that Texas law does prohibit this, so I wondered if FL law does.
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