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The following clause has been added to Florida Statute 720 HOA. Can you help with interpretation? Can any member make a motion to cancel a contract at any time in the life of the contract or only at the next regular meeting. The clause has two sentences. The word 'ratified' in the second sentence seems to imply that any motion must be put close to the inception of the contract but the wording does not state this, as does the first sentence.
'Any contract entered into by the board may be canceled by a majority of the voting interests present at the next regular or special meeting of the association, whichever occurs first. Any member may make a motion to cancel such contract, but if no motion is made or if such motion fails to obtain the required vote, the contract shall be deemed ratified for the term expressed therein'
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The Board of Directors has nine seats of which two are vacant. The remaining seven directors are split into two groups. Three directors containing the officers, and four directors. As per the association bylaws a special meeting may be called by the president (or in his absence the VP) or majority of the board members. Likewise Florida Statutes 718.112(2)(d)9 states BOD vacancies may be filled by a majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. The problem is the group of three directors will lose power if the four are allowed to hold a meeting. In order to make sure that a meeting does not take place they refuse to appear at a meeting, preventing a quorum and thus the election of new BOD members. The Association's atty has stated that to hold the meeting a majority constituting a quorum is five which is based upon nine seats and is not reduced by the empty seats. Please any advice is appreciated as the association is unable to conduct any business until a new election in January.
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Are meetings of officers separate from the entire board allowed? I am a homeowner as well as a board member in a HOA of 1500 homes. We have a board of 12 members with 4 officers. The 4 officers have taken it upon themselves to call themselves the "Executive Committee" They meet privately with no notices of the meetings posted and set the agenda items as well as promulgate rules of conduct for the meetings and take up other matters without notice to even the other board members. They have turned down such requests as having an open forum and even allowing anyone to see or have presented a Manager's report. We are in Florida and have a monthly BoD meeting with severely limited discussion allowed on even the agenda items. They are absolutely united in their determination to have no changes made. Is any of this in violation of any Florida statutes or laws, and what remedies can any of you suggest? Thank you in advance.
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My husband and I are renting a unit in a quiet condo complex. The majority of the owners here are older people who rarely use amenities. My problem lies with our restricted use of the pool. Is the Condo Association allowed to restrict us to zero guests at the pool? They've told us we may use it but that we cannot have any guests (I had tried to bring my younger sisters). Seeing as how the pool is really only used by one person in the entire complex, I don't see a problem with us using it once in a while, especially since we pay the association fees that cover pool maintenance. The association president told me that renters aren't allowed guests in an effort to keep the pool area from being vandalized. (I guess because I happen to prefer renting over ownership, that means I have no respect for common areas or association property.) Are they allowed to do this? Or am I entitled to the same amount of guests as the condo owners? I know several of my neighbors and none of them have a problem with my well-behaved siblings using the amenities when they're in my care.
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Our Condo Association has 16 vacant units that are in foreclosure and the owners owe the association substantial sums of money. The Association has liens on the units in question. The owners have just moved out and no longer care for the units. The mortgage foreclosure process is taking 1 to 2 years. The Board wants to get written permission from the absent owners to rent their units and apply the rent toward their debt to the Association. What is the downside to this proposal?
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