Board not registered with State

I have yet another question. Our HOA is registered with the state of Florida as a not-for-profit corp., but the listing of board members hasn't been up dated for over a year. The homeowners that now sit on our board have not been recorded as board members. My question is if the present board hasn't been registered with the state, can they indeed make legal binding contracts or agreements.
I'm not trying to be difficult, but there are a lot of I's to dot and a lot of T's to cross.

Judy,

The only name that is required by the State of Florida is the "Registered Agent" and that can stay the same year after year, depending on circumstances. We used the owner of our management company for a few years because they were retained for that long. Board members come and go and changing them on the Not For Profit registration is sometimes done more often that if you use a name that might stay with the association. You can also use the association attorney.
But you are required to file an annual report where the Board member names are included. This is not a huge deal but do address this soon.

Mary,
Yes Board members are listed on the Annual report, which I pointed out to the O.P that they should get that done, which she stated that they did not.And correct, it is not a requirement to inform the Sec of State.

Judy,
You are correct. As long as the new Board was properly elected and seated, they are the governing Board. The State actually could care less who are the Board members on their paperwork, as long as the registration is kept up to date and you pay your registration fee.

JohnK3
In 2008 the State charged $61.25.

Wow! AZ only charges a $10 filing fee for nonprofit corps. The annual report goes to the Corp. Comm.

JudyP,
Looks like you are between a rock and a hard place. Are you in this concern all alone or do you have a supporter or three?
Do you have any funds to use? Do you have a web site. It appears to me someone is going to have to do something, wrong or otherwise. As far as you personally, I can't see where you can step out of bounds if you are trying to protect your investrment, and maybe it has reached that point with you and all the rest. Right now the named board is standing up tall and narrow waiting for a lawsuit to be filed against them. They are offered two options, do the job or get the job done. I am not so sure those members that resigned are off the hook either. If you have no quorum on board, you can't act in official capacity to accept a Board members resignation and I bet these member just walked off the job. The judge is likely to frown on this and you are staring at a court case. You personally, as a BOD member must make all the effort you can to do your job. Protect yourselve and your property by documenting all that has gone on, send out announcement etc. (see the other thread here about holding annual meetings. Consult with fellow HOA around you, work the phones for free advice from county city, whoever, e-mail state official to death and file all correspondence, protect your butt and you knock on enough doors and document it, and push comes to shove you may get out from under any lawsuit that could happen at any time.
If you can not get supporters you must protect yourselve.

Judy,
I am sorry but I should have written 2 remaining members. Your other thread is getting confused with this one. But the answer is still the same, have the remaining 2, appoint new Board members.