Removed President

Started by pererag • 9 replies • 1643 views

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pererag (Florida)
Posts: 7

Posted:

if anyone can tell me if by florida law the Board Memebers can removed the President as an officer(complete out of the Board)? or only homeowners can do it? We are 3 of 5 board members that want to removed the president complte from the board. Our managment company said that only homeowners can do that. that we can removed him as a president but not from the board. We have 1 vote undecided. Thanks so mucho

DianeW (Maryland)
Posts: 147

Posted:

If the officer was elected by the homeowner's, then the homeowner's must remove him. Florida has a big statute with lots of rules and regs. Good luck reading!

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

pererag (Florida)
Posts: 7

Posted:

The homeowners voted for 5 people, and the 5 with most votes, were elected. The 5 elected as a board member voted for position. The President was elected 3/5. That means that the board can take him out? or will be better to let the homeowners to take action? I check the web you send me, if I understan good, the 10% of homeowners can voted to take him out? or a open election need to be done? This is confussing...Thank you so much for your help!

LisaS (Illinois)
Posts: 341

Posted:

If you want to remove him as President, the Board members can do so. He will remain a Board member, but in a different position. This is of course assuming that your Declarations/Master Deed allows for this.

In order to remove him from the Board entirely, you would need to call a special election (recall). Getting enough homeowners to attend (never mind vote someone out) will likely be difficult.

Good luck!

pererag (Florida)
Posts: 7

Posted:

Thanks! We call for special meeting to talk to him about this isues. We received a lot of complains about him taking picture oh houses, walk around yards, & more seriuous issues. Also the way that we talk to others is disrecpecful, some homeowners have complain with the police dept. already about him transpassing & offensive language; & we want to address this with him. Some homeowners already express that they will sign a petition to take him out. Thanks to all for your inputs.

AudreyB (Florida)
Posts: 104

Posted:

Hi,

Sounds like the position of being President went to this man's head, so he feels like he can do whatever he wants to.

On the web link you were given in an earilier message, please introduce the President and the rest of the Board to those Florida Statues 617 for Not-For-Profit Corporaton and on the same web link also look for Chapter 720 Homeowner's Association's, 720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls. He really needs to cool it.

A friend rencently reminded me of this, and I would like to share it with you: A group of volunteers known as the Board of Director's, are elected to SERVE their members (homeowner's. Every homeowner deserves respect.

I wish you luck with this issue at the special meeting, and please let us known how it all turns out.

Audrey

pererag (Florida)
Posts: 7

Posted:

We will held a meeting this comming Friday. He is trying not to hold the meeting. Him been telling the Managment to approved & do some stuff that the Board do not approved on last meeting. I agree with you, he think this community is his. I believe that the law need to make sure that the job description of every position for HOA do not include: "have control, absolute power...". The By Law for ours HOA said that the President have absolute control, & he believ he can do whatever he want. I will maintain inform of the situation, is not looking good, but I hope we can resolve it. Thanks !

CharlesN2 (Florida)
Posts: 11

Posted:

As a Florida resident been involved the Association...........May have missed a few of your postings, however, would advise you obtain the Florida State Statues, Chapter 720 regarding HOA documents. You can get them online at flsenate.gov. If I am correct, a director/officer can be removed for any reason. Clearly, homeowners have to make that decision. A majority of homeowners would rule unless your documents state otherwise. It is my understanding the the FL SS take first place. If you are on the BOD, I would press the situation. Get's complicated I know. But if you do not have the SS, get them. For your own information.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Will someone tell me why we are responding to this post on how to remove this president and the post is dated sometime in 2005?

AnnaD2 (Florida)
Posts: 960

Posted:

Robert, I was just wondering the same thing. New Year's Joke?

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