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Subject: Documents
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Author Messages
LaverneB
(Florida)

Posts:62


10/30/2018 9:08 AM  
Our docs call for a 7 member board. One of the people quit 2 months ago. The board has not asked or voted on replacing this person...Can the board still hold meetings, vote,etc?
GeorgeS21
(Florida)

Posts:750


10/30/2018 9:15 AM  
Sure.

The Board can even leave the position open until the next annual meeting.
GenoS
(Florida)

Posts:2466


10/30/2018 2:15 PM  
Yes as long as there are sufficient directors to constitute a quorum in accordance with your bylaws. Otherwise the board MAY appoint people to the empty seats but they usually don't have to. If you have a board size of 7 then as long as you have 4 it's fine.
CarolF
(Florida)

Posts:410


10/30/2018 3:59 PM  
Ditto Geno and George
MelissaP1
(Alabama)

Posts:7716


10/30/2018 5:15 PM  
Our HOA didn't have it written in for the board to pick a replacement. They could only be elected when the next yearly elections happened. Ended up losing 5 board members (including myself) 1 year. Had to wait for elections to get any new board members. So your HOA may not be able to assign someone to fill a spot.

Former HOA President
GenoS
(Florida)

Posts:2466


10/30/2018 7:49 PM  
Posted By MelissaP1 on 10/30/2018 5:15 PM
Our HOA didn't have it written in for the board to pick a replacement. They could only be elected when the next yearly elections happened. Ended up losing 5 board members (including myself) 1 year. Had to wait for elections to get any new board members. So your HOA may not be able to assign someone to fill a spot.

Usually not a problem in Florida. No need to wait for an election. A single remaining director can bootstrap others onto the board.

FS 720.306(9)(c)

"Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. In the alternative, a board may hold an election to fill the vacancy, in which case the election procedures must conform to the requirements of the governing documents."
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