Vacancy due to resignation

Started by VinceS • 1 replies • 1459 views

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VinceS (Florida)
Posts: 1

Posted:

Vacancy Due to Resignation;

We have a (5)five member Board on an HOA in Florida. We have a Board Member that was the Treasurer, and he recently resigned from the Board. Now the Board has to fill this Vacancy. The remaining 4 Board Members are split as to who will fill this vacancy. Two are for one person and the other two are for another. How is this impasse dealt with? Our Documents say that the Board has to fill this vacancy with a resident that is qualified, meaning he has to be willing, a property owner, and paid up with all assessments, but says nothing of how to solve this impasse. I do not see anything in the HOA 720 Laws of how this is handled. Does anyone know the legal approach to deal with this matter?

Also, does the Board have to fill this vacancy before we vote on who we elect to fill the treasurer’s position?

Any Views?

RogerB (Colorado)
Posts: 5,067

Posted:

Vince, the remaining Board members can elect a new Treasurer before filling the Board vacancy. When there is no clear cut winner you could invite the two candidates to be interviewed at a Board meeting and see if that changes the vote. Ultimately you can flip a coin if the Board member all agree or wait to fill the vacany at the next annual meeting of the members.

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