Condo Q&A

Homeowners at risk when board overides association bylaws

Written by stephen polinsky | Sun, Mar 13, 2011 @ 12:30 PM
I live in a Florida community that has three separate governing bodies. Club, Property Owners and Home Owners Associations. Presently the bylaws of the Club state that one becomes a member at such time when all initiation and memberships fees have been paid by the New member. Our Board of Directors has decided to allow new members to take up to three years to pay their initiation and membership contributions with the result being the outgoing member will receive his return of equity contribution over a three year period. The outgoing member, not the Club, will be on the hook for this should something happen to the new member and or his contributions. When the President of the Board was asked how the Board could vote in such a change without going to the membership for approval in changing the bylaws, it was stated that Florida Statute allows for boards to override bylaws if in their discretion the move makes good business sense. With 700 members in good standing, there is no financial hardship at this time within the community. This seems a rather broad interpretation of a Florida Homeowners Association Statute that appears to put all aspects of the bylaws into question and subject to change at the discretion of 10 or so board members that are not nominated by the membership at large but rather a nominating committee appointed and chaired by the current Board of Directors. What recourse, if any does a group of members have to challenge this move by the Board? Thank you.