Reducing number of board members from 11 to nine

Started by RobertS11 • 3 replies • 1125 views

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RobertS11 (Florida)
Posts: 3

Posted:

I am the the secretary of a HOA board in florida.In the year 2007 our past president and some of her board followers voted to raise the number of board members from 9 to 11. She recently resigned and our new president and board chose to vote the number of board memebrs back to nine. Our documents provide for as few as 3 and as many as 11.It staes the board can vote to increase but really does not have provisions for reducing the board the other way.Our president in attendance claimed we were illegal in changing the number back to nine. We asked for a legal opinion but got back a very vague answer that did not address the issue.I would appreciate any fedback from other boards that may have had the same issue. ( PS For most of the year we never had 11 board members at any one meeting with at least two no shows for all but a few meetings.)
Robert

RobertR1 (South Carolina)
Posts: 5,164

Posted:

RobertS,
Just my opinion only. If you documents gives the power to raise the number of members and is silient on reducing the number of board members, and you vote and change the number of members, that power to change is the critical issue. By the action of changing the number the board has enpowered the action to change. It matters not the number that changes unless it specifies an exact number. Since this is not the case, up or down is not material

SusanW1 (Michigan)
Posts: 5,202

Posted:

Your documents say 3 to 11, to be set by the Board; what do the bylaws say about how the board should determine the number of people on it?

Are board members elected by the membership or appointed by the Board?

LindaC3 (Florida)
Posts: 526

Posted:

RObertS11... I too live in an HOA in the great state of Florida....Our by laws refer to the number of BOD and it states that it shall consist of 3-13 members and that number shall be voted on by the MEMBERS at the annual members meeting..... I would suggest you read your by laws and see if this subject is covered in there...I find it highly irregular that the BOD sets the number of BOD... LindaC3

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