SteveM40 (Florida)
Posts: 8
Posts: 8
Posted:
Our HOA just held the annual members meeting and election. The Board President and Board Secretary were up for reelection and a third candidate entered the election. The President was re-elected by the most votes, with the Board Secretary and the third candidate resulting in a tie vote. A runoff election has been scheduled within 30 days to resolve the tie vote.
In the interim, should the Board Secretary remain on the Board until such time as the election resolves the issue?
The Florida statute states " 617.0806 Staggered terms for directors. —The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death."
Our By-laws state: Article IV, Section 3. Term of Office. Unless otherwise provided herein, the term of each director's service shall be one year and until his successor is duly elected and qualified or until he is removed in the manner provided elsewhere herein."
I believe the conjunctive "and until" in each case allows for the incumbent to remain on the Board until such time as a successor is elected. The HOA legal counsel rendered an opinion to the Property Manager that it does not.
Any other legal opinions out there or has anyone experienced this situation previously?
Thanks,
Steve
In the interim, should the Board Secretary remain on the Board until such time as the election resolves the issue?
The Florida statute states " 617.0806 Staggered terms for directors. —The articles of incorporation or bylaws may provide that directors be divided into classes. Each director shall hold office for the term to which he or she is elected or appointed and until his or her successor has been elected or appointed and qualified or until his or her earlier resignation, removal from office, or death."
Our By-laws state: Article IV, Section 3. Term of Office. Unless otherwise provided herein, the term of each director's service shall be one year and until his successor is duly elected and qualified or until he is removed in the manner provided elsewhere herein."
I believe the conjunctive "and until" in each case allows for the incumbent to remain on the Board until such time as a successor is elected. The HOA legal counsel rendered an opinion to the Property Manager that it does not.
Any other legal opinions out there or has anyone experienced this situation previously?
Thanks,
Steve