No Board of Directors

Douglas,
If your own governing documents do not address this, then either the Davis/Sterling Act or the California Non Profit Corp. laws will. In Florida, as few as a single resident can petition the court to take the HOA under a "recievership" which then is billed to all of the members. I would never allow things to get that bad. Courts, Lawyers and all of the legal people involved are VERY, VERY EXPENSIVE and your members surely won't like that. Someone needs to step up and rally the troops.

Mary, our board members all have the same term, one year, and must run again each year.

No staggered elections and no board member overlap.

Interestingly, few of the HOA boards around here have staggered terms.

I wonder how that happened?

Oh well. That might be something I'll bring up to the committee working on revising the bylaws.

I couldn't agree with you more SusanW1. I am in NE FL. This is the scenario: We have a "de facto", self appointed board. They claimed the 2007 annual meeting was a disaster. Only 12 people showed up out of 558 SF households. I did not closed and moved until late May 2008. There are NO Minutes to reflect the transition from 2007 to 2008. Only one of the Directors listed in the 2007 Annual Report is a current board member. He's the Secretary but failed to record Minutes. New Prop. Mgmt. co. took over in May 2008 and filed 2008 State of FL Annual Report in April with 4 new board members, at face value since there is NO evidence to support the validity of current board. We have an HOA meeting this coming Tuesday 10/7 where the board is supposed to approve our 2009 Budget. I have suggested to President that they must "come clean" at this meeting and promise lawful elections in December. We, "the people", don't want any of these board members to continue on their posts beyond December.

Susanna,
Members complain all of the time about how tings are running and about their Boards but comes meeting time, where the heck is everyone? No one wants to step up to do the job. Get a bunch of members who are upset like you. You can form your own group but not a committee because all committees in Florida HOAs must be sanctioned and run under the BODs. Yours will be a group of concerned members.

List all of the items that you feel need correction and attention. HAVE SOME MEMBERS READY TO RUN FOR THE BOARD. Sitting back and letting this continue at it's present pace will not fix your probles.

But most importantly, look at the Statutes 720. I required every Board and committee member to have current copies of 720 in their folders and available at all times.

Susanna,
Okay, help me out here. What point did I miss? It sounds to me like you are very aware of the Statutes. Now that you are involved in the running of the association, you are finding out what a mess things are. I said get involved, get other members involved because there is power in the numbers. This will not be an overnight fix because it took years to get this messed up so as you said--"I'm working on it."

Just for a little background, before I moved to Tennessee last year, I was on my Board for 2 years, going thru our transition from Developer to membership, wrote our ARC guideline manual and Rules and Regs for my community. I was chair for a Documents committee at one of my rental unit communities and am on another Docs committee for another developement where I own a rental. I do have experience with S.S. 720, 617 and 718.

Then I am quoting you on this---" but when I found out the number of irregularities going on and the level of ignorance , I declined to be further involved although I have not formally resigned." If I were your Board or on the ARC committee with you, I would ask for your resignation if you are not attending meetings. That is the proper thing to do, because you are taking up a valuable space which is one step in obtaining a better working committee.

P.S. Having been in the unit ownership business, I know that 20 years of being a real estate agent does not make you understand the Statutes.