Condo Association Management Blog

Are you sure you are a Home Owners Association as opposed to a condominium?? Second quest in what document does the rule you refer to appear in?  
Further I suggest you contact the office of Florida Business Professional Regulation.The have available a free CD that will provide you with insight into Florida State Law applied to HOA and Condos.

I am not a board member, as of yet. However, I have been following with great interest a severe problem with a member of the board of our association. He refuses to work with the board and publicly announces this with each meeting. He finds fault with "every" suggestion for improvements. He is a name caller and tells our President she has no smarts and is not credible. He has a few followers that has the same thoughts, but ony speak when he does. He us up fo re-election in February but we wish we could remove him "now". Any suggestions?

To the original poster: 
 
 
 
How many are on the board of directors. If 2 does not represents a quorum, then I doubt these 2 board members have the power to call a meeting. Check you bylaws, they should state how a board meeting may be called. 
 
 
 
IMO, the fact that a board member is unable to attend a meeting because they are still at work, IMO, would constitute an excused absence. No board meeting should be held at a date, time and place that is inconvenient for a board member. If these 2 board members want to use these absences as an excuse to have this person removed from the board I would think the other board members would be able to see through it. It would take a majority vote of the board for removal.  
 
 
 
Also check you bylaws to make certain a vote of the members is not required for removal. Sometimes the board has the authority to remove for this reason; sometimes not.

Charles and Mary, I am in Florida, and Yes it is a Condo Association. 
 
Our By-laws state that any director may call a meeting. Of course a quorum must be present (3) to do business. Let me clarify a few facts. 
 
The meeting we are talking about was a "Organizational Meeting" In the last 4 months we had are annual election, We have a Board of 5. The same Board was re-elected from last year. Two of those Board Members did not like that and a week following the election started a recall of the Pres. & VP. The recall was very contentious, It was done very dishonorably with as many sneeky and deceitful acts that you can imagine. We actually had people recinding their recall ballots after they found out they were lied to and misinformed. However, we know that holds no weight once the recall ballots were sent to the State. (The Board did not certify) So, The President and VP held out to get some unfinished business done and before they resigned they had their organizational meeting which had been postpone due to a board member being out of the country for business, all board members agreed to hold their positions in the interim till the organizational meeting could be held. The interim Pres thought it best for the community if he take another position (sec.) because of the recall that was in process. So another President was elected as well as a Tresurer and the VP stayed in that position. When the new Pres went thru a friendly transition, The VP and the former Pres (now Sec.) officially resigned before the final decision on the recall came from the State. The two board members that initiated "the mess" along with their cronies, were having backroom meetings via "Skype" and phone to plan a strategy to remove the new President and replace with another person in the community(who I might add ran for the board and did not get elected) who we have since found out they made a deal with."If she spear-headed the recall and did all the foot work they would make sure she was appointed to the Board" As it stands, They called 2 meetings as I stated when they knew the current Pres had to work and she would not be able to make it they knew that they needed a quorum which is (3). They also were told that if the Pres missed the third meeting that she automatically would be removed from her position, This left an open availablity for them to get there person on the Board. Needless to say, she did show up at the meeting, they ended up removing her anyways and appointing their friend as President. Now there is a huge fight going on about the one seat left. They want another one of their cronies on. The removed Pres is fighting every step of the way! To get a neutral person for the betterment of the Association, and they will not hear of it. At that meeting they ended up agreeing on the last person to seat. Then a hour after that meeting took place the newest President sent a email stating the person that they appointed did not want a seat on the board. The (removed President) called that person and he said he never got any phone call from anyone stating he had been seated and he would be more than happy to be on the board. So another lie was discovered! The removed Pres. sent a email to the Board and the Prop Mgmt. stating that the so called phone call that was made by the Pres. never took place and the appointed member would take a seat! So the two board members and the new Pres. had to scramble to cover up a lie if they could. Well their antics worked, they called the guy that was voted on and told him it was a conflict of interest for him to serve. (WHICH IT IS NOT IN ANYWAY) and they convinced him to not accept or to resign his position. Their intent again is to put "a follower" of theirs on the board. I believe this whole situation to not only be a disgrace and ethically wrong. But is it unlawful? From the start. Missing three meetings has never been enforced and I believe I read that possibly in the FLA Administrative Code but not sure. It is not in our Doc's. But it was confirmed from the assoc. lawyer that it is a law. I just don't see how they can call a meeting at anytime without checking the availability of board members to begin with. 
 
Sorry this is long, "You just can't make this stuff up" it's like a soap opera at this association and unfortunately the homeowners are the ones who will suffer in the end with a Board of 5 that has no diversity whatsoever and full control! 
 
As a homeowner we are planning on filing a complaint with the State Ombudsman, and hoping sanctions for the actions of these 3 board members. 
 

Where did the idea that the ballots had to be sent to the state come from. Also it is normalocedure that after the general election the members of the Board hold an executive session and they decidew whom the new President,Sec etc would be. I have never heard of an election which has unit owners voting not only for office but also asm to what his role on the new board should be. Does your association conduct its meeting under Roberts Rules. If yes then your board members need some training in how to conduct a meeting.

One of the director board member in our HOA in Florida has been absent 4 times consecutive without an excuse. 
Should be removed? 
 
I need to know..Thanks