Voting Requirements for Non-Renewal of Contracts within a Florida HOA

I am the Maintenance Director on a 5-member board of a Florida-based HOA. The board has recently expressed mixed concerns over the performance of our Property Management Company (CAM). Since the CAM contract is up for renewal there have been numerous email discussions concerning CAM performance and the president and treasurer have meet with the CAM twice over the past 7 weeks to discuss performance. Myself and another board member have been more than satisfied with the CAM's performance. Sure, we have had some issues but nobody is perfect. Contractually, the board must give 60 days notice of non-renewal and that must occur, in this case, by November 1st. We have a quarterly board meeting on October 29th which allows sufficient time for the board to meet, deliberate, and vote on whether or not to renew the contract and still provide the mandated 60-day notice. The president moved ahead and sent out a notice of non-renewal to the CAM on October 20th based upon three facts: (1) discussion of substandard performance that took place over several back-and-forth emails; (2) notice had to be provided to the CAM by November 1st; and (3) notice had to be provided before he and the treasurer conducted CAM interviews from October 21st through the 24th (a red herring?). The rush to judgement just does not sit well with me as I believe the board should have convened to openly deliberate and then vote, given the difference of opinion among board members concerning CAM performance.

I emailed the president (after he notified the board that he sent the non-renewal letter) and advised him that we could still address the issue at Wednesday's board meeting, but he replied that he did not act inappropriately and needed to send the letter based upon the 3 facts previously stated above. Am I mistaken or was a board vote required? At Wednesday's board meeting I plan to state, for the record, that a board meeting was never held to deliberate and then vote on the decision to send a non-renewal letter, should this ever come back on us in the future. Thoughts?

It is a renewal not termination. Regardless of renewal or termination, I thought it would take a board vote.

Thanks. The letter was sent to the CAM, without a board vote, stating the HOA decided NOT to renew the contract. I was just telling the gentleman that replied it was not a termination.

Your president / treasurer actions were unfounded and I can’t see your previous company now staying on without their resignations.

Tell the treasurer and the president you will be making a motion making them personally responsible for any additional costs.