Does Florida code 617 apply to Homeowners Associations?

RuthN (Florida)
Posts: 41

Posted:

Florid code 617.0825 speaks to designation by a Board of an Executive Committee. Does this code apply to homeowners associations? Specifically, the question is being raised because the stated intent by the association in designating an executive committee is to provide for conducting business when less than a quorum is present during the summer months.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Ruth,

Florida 617 Statutes are the Florida Not For Profit Statutes. ALL HOAs are written with these Statutes. Your Articles of Inc will follow what 617 says.

Is your Board trying to appoint a committee member or members t so o fill in for a Board member for the summer? If so, read the guidelines and restrictions of such members. They cannot vote on many issues. most Florida associations go on hiatis for the summer months so consider just not having meetings for those months. I'll bet that not all of the Board goes north for the summer and those remaining can handle the job.

617.0825---617.0825 Committees.--

(1) Unless the articles of incorporation or the bylaws otherwise provide, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees each of which, to the extent provided in such resolution or in the articles of incorporation or the bylaws of the corporation, shall have and may exercise all the authority of the board of directors, except that no such committee shall have the authority to:

(a) Approve or recommend to members actions or proposals required by this act to be approved by members.

(b) Fill vacancies on the board of directors or any committee thereof.

(c) Adopt, amend, or repeal the bylaws.

(2) Unless the articles of incorporation or the bylaws provide otherwise, ss. 617.0820, 617.0822, 617.0823, and 617.0824, which govern meetings, notice and waiver of notice, and quorum and voting requirements of the board of directors, apply to committees and their members as well.

(4) Neither the designation of any such committee, the delegation thereto of authority, nor action by such committee pursuant to such authority shall alone constitute compliance by any member of the board of directors not a member of the committee in question with his or her responsibility to act in good faith, in a manner he or she reasonably believes to be in the best interests of the corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances.

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RuthN (Florida)
Posts: 41

Posted:

Yes, I have read the relevant section of 617. Thanks for the reminder that it does apply to HOAs. My real concern is that ours is an 8 member Board. Only 3 or 4 Board members will be here during the summer months. Our documents already provide for emergency powers for less than a quorum in a true emergency. The "executive committee" (consisting of 2 or 3 Board members) that would be named under a Board resolution (that refers to 617) would be less than a quorum and would be empowered to perform "routine" Board activities (not prohibited by 617).