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Subject: Election Orginazational Meetng
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Author Messages
LndaD
(Florida)

Posts:1


08/02/2019 10:15 AM  
After an election, must the orginizational meeting, assigning positions on the board, be done if front of the residents of a condo association
KerryL1
(California)

Posts:6534


08/02/2019 10:20 AM  
In CA, the organizational meeting must be open to Owners. I suspect FL is the same, but we have knowledgageble FL regulars who'll reply to you here.
JohnC46
(South Carolina)

Posts:8550


08/02/2019 10:22 AM  
No, the owners do not have to see nor do they to participate in BOD elections. Most Bylaws will call for a BOD Election at the next BOD Meeting after the Annual Election. That BOD meeting could follow right after the Annual Election.
RichardP13
(California)

Posts:3763


08/02/2019 10:42 AM  
Posted By JohnC46 on 08/02/2019 10:22 AM
No, the owners do not have to see nor do they to participate in BOD elections. Most Bylaws will call for a BOD Election at the next BOD Meeting after the Annual Election. That BOD meeting could follow right after the Annual Election.



Really, do you know that for a fact in Florida, because in California, and possibly states than have Open Meeting Rules, owners can view the process. Also, a BOD meeting is not the same as a Organization meeting where Officers are elected. Remember, not all HOA require Officers to be Directors and not all HOA's require Directors to be members or owners.

Been there, Done that
JZ2
(Florida)

Posts:43


08/02/2019 10:42 AM  
Yes. It is a Board meeting, and is to be treated in the same manner as any other Board meeting. None of the exceptions set forth in section 720.303 would apply to an organizational meeting.

JZ2
(Florida)

Posts:43


08/02/2019 10:47 AM  
Just re-read your post and saw that you are referring to a condo and not an HOA. The same rule would apply it, but the statutory reference is different: section 718.112 governs Board meetings under the Florida Condominium Act.
SheliaH
(Indiana)

Posts:2621


08/02/2019 1:53 PM  
Read your documents - usually, the homeowners elect the board and the board chooses officers among themselves, but might not stipulate this has to be done in an open board meeting. That said, I don't see why they wouldn't - we do ours in front of the residents during the regular board meeting that usually followed the annual. Of course, for the 10 years, I was on the board, people would leave right after the elections. if there was a change, it would be noted in the board meeting minutes and in the newsletter (when we had one - now it would be noted on our website)
GenoS
(Florida)

Posts:3123


08/02/2019 2:26 PM  
Posted By LndaD on 08/02/2019 10:15 AM
After an election, must the orginizational meeting, assigning positions on the board, be done if front of the residents of a condo association

Yes. It is a board meeting that must be open to the homeowners. There are only two exceptions to the requirement for open board meetings and an organizational meeting is not one of them.

Our PM in January directed the new slate of directors to hold an organizational meeting that was closed to the homeowners. We filed a complaint with the state licensing board about it and that CAM and his PM employer no longer work for us.
GenoS
(Florida)

Posts:3123


08/02/2019 2:29 PM  
Posted By SheliaH on 08/02/2019 1:53 PM
Read your documents - usually, the homeowners elect the board and the board chooses officers among themselves, but might not stipulate this has to be done in an open board meeting.

In Florida, such a meeting must be an open meeting and anything in an association's documents that contradicts that would be null and void.
JohnC46
(South Carolina)

Posts:8550


08/02/2019 4:22 PM  
Posted By JohnC46 on 08/02/2019 10:22 AM
No, the owners do not have to see nor do they to participate in BOD elections. Most Bylaws will call for a BOD Election at the next BOD Meeting after the Annual Election. That BOD meeting could follow right after the Annual Election.




Sorry. Made the boo-boo many make on here. I was saying the way it is in SC. States vary.
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