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In Florida can the soon to depart Declarant Controlling the election of the new neighborhood controlled HOA Board of Directors?

Started by JeffreyF25 replies • 179 views

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JeffreyF2 (Florida)
Posts: 12
Posted:
In Florida, can the out going Declarant controlled HOA Board of Directors control of the election/selection of the new neighborhood controlled HOA Board of Directors. Unable to find a reference in State of Florida Statute 720 to support this practice.
TimB4 (Tennessee)
Posts: 21,059
Posted:
The current board would be the board that runs the election or appoints those who may finish their term.
DouglasK1 (Florida)
Posts: 2,046
Posted:
If the declarant has the votes required at the time of the election, then they will effectively control the vote. From what I can tell of 720.307 (Transition of association control in a community), Tim is correct that the board at the time can stay until their terms end. If the terms are one year, then it might be easiest to wait until the next election to replace, otherwise a recall and election can be conducted following the proper procedures. Per 720.307 the developer is required to turn over a variety of documentation within 90 days of turnover. On the first election after turnover, the owners should be able to elect the directors they want, the prior board should have no say assuming their terms all expire at that point. Some associations have terms over 1 year, typically staggered.

In my former association, as far as I know the developer never actually elected/appointed a board, he just ran things single handedly. When the required threshold was met, the developer's attorney arranged a turnover meeting where he relinquished control and the owners elected a board. I don't see that as a requirement in 720, but it seems to me the preferable to having the developer's board stay in place.

Escaped former treasurer and director of a self managed association.
JeffreyF2 (Florida)
Posts: 12
Posted:
Even if the current Board of Directors is Declarant controlled and they will be getting out of Dodge ASAP?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JeffreyF2 on 12/15/2023 2:03 PM
Even if the current Board of Directors is Declarant controlled and they will be getting out of Dodge ASAP?

Yes. They are the current board.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JeffreyF2 on 12/15/2023 1:11 PM
In Florida, can the out going Declarant controlled HOA Board of Directors control of the election
The law requires that the incumbent directors make sure the election is run IAW the bylaws, FS 720 and FS 617. There is a bit of discretionary decision-making by the board here and there, on matters where the bylaws and statutes are silent, and where the final board decision does not add a restriction.

Incumbent boards have been known to violate bylaws or statutes to remain in power. They also might make a lawful discretionary decision that favors them.

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