NEW LAW/FL?

I have been told that HOA'S must hold elections every year now in the state of Florida. (new) Any one hear of this?

Our docs say 2 year terms for elected members. They hold the office for 2 years. But I am hearing different. And State laws always super-sead any HOA docs

John,

You are most likely on a 2 year rotation scheedule. Say for instance--if you have 5 Board members, 3 are elected at a time and the next year 2 are elected. That way every Director serves for 2 years but only 2 or 3 are replaced at a yearly meeting.

Just to make something clear, the Annual Meeting DOES NOT have to be your election time. Normally it is but elections are different than an Annual Meeting. THAT! is what is required--an annual meeting.

Yes, State Statutes will supercede a HOAs documents if there is a conflict. What I need for you to do is to read the Statute wording very carefully and understand what the State did in writting the Statutes. They will say very often--"unless the governing documents, or notwithstanding or shall" and a few other specific words. These are the key words which either allow or forbid the governing docs of your HOA to have higher or lower restrictions. This is the worst part of understanding the laws but it is also the key to what you can or cannot change in your own docs. I hope that I have not confused you too much.

FS 720.306 (9) states the following:
ELECTIONS.--Elections of directors must be conducted in accordance with the procedures set forth in
the governing documents of the association. All members of the association shall be eligible to serve on
the board of directors, and a member may nominate himself or herself as a candidate for the board at a
meeting where the election is to be held. Except as otherwise provided in the governing documents,
boards of directors must be elected by a plurality of the votes cast by eligible voters. Any election dispute
between a member and an association must be submitted to mandatory binding arbitration with the
division. Such proceedings shall be conducted in the manner provided by s. 718.1255 and the procedural
rules adopted by the division.

In our governing docs, the BOD election shall be at the Annual Members Meeting.

John & Lou I suggest you read the Fl HOA statues governing HOA's but to answer your question, yes they must hold an election each year but only for the positions that are open, not every position.

FL 720:

See section: 720.306 Meetings of members; voting and election procedures; amendments.— (9) (9) ELECTIONS AND BOARD VACANCIES.—

Doh!

As for Florida statutes, every year (annual meeting) is usually kept for elections of its board members. Some newer communities have entered into their documents that the HOA board has 2 year and 1 year directors terms. In the case of my community, very new (45 homes out of 230 planned) the documents state that upon the turnover date to the our HOA there will be an election of officers and that of the 5 new members, the 3 receiving the most votes will serve for 2 years and the remaining members (2) will only serve a 1 year term. Every year subsequent will alternate the amount of members to be elected. example..5 new members elected at time developer conveys to the HOA, The 3 new members serve two with the other 2 serving one, the following year only 2 seats are up for election, then 3 then 2 and so on. Hope this helps