Florida HOA Master B of D Appointed Not Elected

Started by CharlesW3 • 4 replies • 1210 views

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CharlesW3 (Florida)
Posts: 5

Posted:

I'm new to the association where I live and was surprised to find the Master Association is made up of seven directors, one appointed from five condo associations, one HOA single family homes association, and one from a business component. This arrangement came from the docs when the associations were formed 20+ years ago.

From previous experience, I am pretty sure that this appointment method is now contrary to state statutes or law in Florida and that directors now need to be "elected master association wide".

I am hoping that some forum members experienced with Florida law can give me some guidance in this matter and can also cite some references to the law or statutes.

Thanks!

GlenL (Ohio)
Posts: 5,491

Posted:

Charles, I used a keyword search of 720 & 718 for Master Association and Election and neither specified how the MA was to be elected. Generally speaking, usually the sub associations elect their BOD and then the BOD of each sub appoints one of their BOD members to the master BOD.

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PetunkaM (Florida)
Posts: 1,009

Posted:

From previous experience, I am pretty sure that this appointment method is now contrary to state statutes or law in Florida and that directors now need to be "elected master association wide".

What experience? Election and appointment of directors are spelled out in your Articles of Incorporation and the By-laws.

CharlesW3 (Florida)
Posts: 5

Posted:

PetunkaM:

Thanks for your response.

Unfortunately our Articles of Incorporation say, "Directors are either appointed or elected as per the bylaws." The bylaws say, "The directors are either appointed or elected as per the Articles of Inorporation."

PetunkaM (Florida)
Posts: 1,009

Posted:

Charles, amazing. Then go to Chapter 617 providing you are not-for-profit. Otherwise, your only option is to amend the By-laws which cannot be in conflict with Chapter 617. Chapter 720 has also a bunch of provisions regarding the BOD and Association meetings, membership participation, etc.

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