Can a Recalled Director Run Again?
Q: I am an owner, living in a community with a homeowners’ association. I would like to know if a member of the board of directors who has been “recalled” (removed by a member vote) can run again for the …
Only Directors Can Vote
Q: If our secretary steps down, we will only have 4 directors. How do we break a tie when voting on upcoming issues? (S.K., via e-mail) …
Directors May Abstain From Voting
Q: In your column of August 5, 2018, titled “Board President Should Vote,” you state that “[u]nder previous law, directors could only abstain from voting if they had a conflict of interest” and “[u]nder current law, directors are permitted to abstain f…
Being Recalled Does Not Prohibit Future Service On Board
Q: A group of owners in my condominium association are considering recalling certain members of our board of directors. However, a question has arisen as to how long a recalled person is barred from serving on the Board. (B.K., via e-mail)
“Can Both Spouses Continue to Serve on the Board?” Naples Daily News
Q: My condominium association’s board is comprised of 8 board members, with directors serving 2-year terms. At the 2018 Annual Meeting there were four persons who submitted their notice of intent to run for the board, including a husband and wife who …
“Apathy is Everywhere,” Florida Community Association Journal
Apathetic members of associations are a troubling reality. The apathy manifests itself by the lack of participation in running for the board of directors, in voting, and in adhering to the restrictions of the governing documents. The problem with the a…
“Recent Developments Concerning Director Term Limit Law,” Naples Daily News
Editor’s Note: David G. Muller is a Board Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A., which represents community associations throughout Florida, with offices in Naples, Fort Myers and 10 other Flor…
Quorum and Amendment Vote Different
Q: There has been confusion in my homeowners’ association regarding the vote required to approve amendments. We understand that the law states that the quorum for a members’ meeting cannot exceed 30% of the membership. However, our documents state …
Avoid a Gridlock – Educate, Communicate & Plan
When strangers come together as a new board of directors for a community association, they may find they have such differing views on what is best for the building that they can feel as though they are in a no …
Trustee Likely Able to Serve on the Board
Q: I am the trustee of a trust that owns a condominium. I want to run for the board of directors at the next annual meeting. My neighbor said that I will not be able to run because my …