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RichardC29 (Florida)
Posts: 37
Posted:
We just learned that a non property owner was appointed to the bod,when discovered that the director dident own property the bod sent out a notice saying the person was properly vetted after a records search it was discovered this person wasn’t on any deed,our governing documents require all directors to be property owners.
This conflicts with the doah case In front of doah courts this fake director was involved in many aspects of the revitilization,including sending out asking for written consents ,authorizing payment to lawyers talking to the lawyers who now claim attorney client privilege even thou the person was never eligable to be a director in the first place,now the corporate veil is wide open.this is in the state of Florida.now all the written consents are in question as not one of the written consents was signed by all owners of record.
CathyA3 (Ohio)
Posts: 6,299
Posted:
That sounds like a mess.

Just curious: how does Florida handle property rights for married persons whose names are not on a deed? In my state that person would be considered an owner and thus eligible for board service, but I know that in others they would not be.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Are you sure your bylaws require directors to be members? Our bylaws written by the developer did not.

Escaped former treasurer and director of a self managed association.
RichardC29 (Florida)
Posts: 37
Posted:
It’s in the by laws some say yes some say no.our by laws say property owners only.can be directors if your not on the deed your not a property owner ,almost everything is in the hoa governing docs ,plus the new statutes which overide hoa documents in Florida
RichardC29 (Florida)
Posts: 37
Posted:
In a hoa it’s how the by laws are written ours say to be a director you must be a deeded. Property owner
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our Bylaws say:

Section 1. Governing Body: Composition. The affairs of the Association shall be governed by a Board of Directors, each of whom shall have one (1) vote. The directors shall be Members or spouses of such Members; provided, however no person and his or her spouse may serve on the Board at the same time. In the case of an owner which is a corporation or partnership, the person designated in writing to the Secretary of the Association as the representative of such corporation or partnership shall be eligible to serve as a director.
DeanJ
Posts: 1,786
Posted:
So where do you want to do with this and do you have actual monetary damages?

In Florida, Gross negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.

I believe your board meets this legal description for filling a board seat without proper vetting.

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