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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.