New Board Members Florida

Started by AnnaD2 • 5 replies • 108 views

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AnnaD2 (Florida)
Posts: 960

Posted:

I need all my friends in Florida condos to help me with this dilemma. We've had a board of two for almost a year. At our annual election in November it was only us two again. We've put out the notice that we need a board of three. Two people stepped forward to join the board. We've read all the State Statutes about how to fill an open Board seat for condo associations. There are two people who have volunteered to step up... we tried to seat ONE of them, but our property manager insists that we have to seat both of them. I disagree. We only have a Board of three. We've had boards of five, in the past, but it didn't work out so we went back to three. There is NOTHING in the statutes that says we have to seat everyone who wants a seat on the board.

So how do you all think we should go forward with this? The person we want to seat has been a board member in the past and has agreed to oversee our roof replacement project after our roof got blown off in the hurricane, as he's a contractor.. The new person has only been an owner for five months. I'm all for new people stepping up to fill a vacancy. But this isn't the time to increase board seats.

Please respond and I'll consider each and every opinion! Thank you!

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By AnnaD2 on 02/18/2025 3:35 PM
There is NOTHING in the statutes that says we have to seat everyone who wants a seat on the board.

This is correct. And you are correct that the board is not required by statute or bylaw to seat any ol' person who applies to be on the board.

For any doubters at your HOA: Suppose a total jerk applies to be on the board. He does not understand the covenants or state statutes. He wants to cut the assessments by half. Yet another applicant wants to stop enforcing all the land use covenants. Does the board have to seat either of these people? No. Furthermore if the Board did seat either one of these, it would likely (defintely?) violate the directors' fiduciary duty to act in the best interests of the association.

Now about your manager, and to be blunt: He lacks basic competency in HOA law. Furthermore your HOA's manager is giving legal advice and being paid for it, all while not a lawyer. This violates the law. This topic of managers giving legal advice without having passed the bar and receiving money for this advice has been discussed here before. The media has reported on it (possibly on account of a court case?).

MichaelS56 (Minnesota)
Posts: 859

Posted:

Your property manager works for the Board. Of course, the Property manager can give advice, but the board makes the final decision.

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

Posted By MichaelS56 on 02/18/2025 4:24 PM
Your property manager works for the Board. Of course, the Property manager can give advice, but the board makes the final decision.

A property manager cannot lawfully give legal advice.

The typical property manager needs to be watched like a hawk.

KerryL1 (California)
Posts: 14,550

Posted:

Probably agree with Elle. But, please quote your Bylaws on how many directors you may or must have.

Even if you're requiired, though, to have five your Board does not need to accept anyone who applies.

I'm very concerned that your Commun. mang. gave such terrible advice. You could ask her/him t. show you the t statutes w or whatever, but probably not worth it.

Meanwhile you two vote to seat your choice as a member of your Board.

KerryL1 (California)
Posts: 14,550

Posted:

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