Question:
We had members of the community conduct an invalid BOD vote in our last annual meeting. Per our Bylaws, a quorum of 15 Residents must call for this vote and Zoom participants are not valid for the quorum. In total, only 13 residents were filed for the quorum. These members were allowed to continue with the vote, removed our previous BOD without cause, and elected a “new board” with only a quorum of 13 residents. I know this is against our Bylaws and so is the HOA attorney but he went ahead and certified this “New Board” anyway. I want to file a complaint and have this illegitimate board duty suspended until the State of Florida Department of Business and PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES does their arbitration. Is this possible? The new board within two weeks of being illegitimately certified has already terminated the current management company and signed another without notifying the resident of the community, which is also again out BYlaws.
– Roberto
Answer:
Hi Roberto,
It may be possible. According to the Florida Homeowners’ Association Act Section 720.306(9)(a), any challenges to the election process must be commenced within 60 days after the announcement of election results. Section 720.306(9)(c) also states that election disputes between a member and the association must be submitted to binding arbitration with the division or filed with a court of competent jurisdiction. Kindly follow these procedures to protest the recent elections. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
