YOUR ORGANIZATIONAL MEETING AND THEREAFTER

By Eric Glazer, Esq.

Published November 16, 2020

 

So now that your election in your community association is over and you know who the members of the Board are, the first obligation of that Board is to have an organizational meeting to determine which directors will hold which Officer positions.

 

Every association must look in their bylaws to determine when the organizational meeting is to be held.  What is important to know however is that the organizational meeting is a meeting of the Board of Directors.  It is a meeting that is separate and distinct from the annual meeting which is a memberís meeting.  Therefore, the directors should not be selecting the officers at the annual meeting, but rather at a subsequent properly noticed Board meeting.  Often times the association will post a notice of the Board of Directors Organizational meeting 48 hours in advance of the annual meeting and indicate that the meeting will start immediately following the annual meeting.  Perfectly legal.

 

It is important to note what Officer positions are required by the bylaws.  Most associations require a President, Vice President, Secretary and Treasurer.  Some documents allow for several Vice Presidents or assistant secretaries or treasurers.  Some bylaws will allow the same person to hold more than one officer position, some wonít.

 

When itís time for the directors to vote for the officers, under the condo and HOA statute, this vote can be done by secret ballot, but I find it to be very uncommon.  By the way, although the law allows the vote to be done by secret ballot, it does not mean that the Board members get to leave the room and take the vote privately, out of sight. The vote must still take place in front of the unit owners.

 

From that point forward, the condo Board is set with no other immediate duties under the Florida Condominium Act.  However, the same is not true for HOA directors.  HOA directors must be aware that their governing documents could expire if not properly preserved within 30 years of the document being originally recorded.  As a result of this very unfortunate experience happening to many associations across the state, Florida HOA law, Statute 720, states:

At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board shall consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712, and to authorize and direct the appropriate officer to file notice in accordance with s. 720.3032.

 

To every director who gets elected in the next few months, good luck and thank you for volunteering to serve your neighbors and your community.


HTML Comment Box is loading comments...

 

 

About HOA & Condo Blog

Eric Glazer Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2

decades and is the owner of Glazer and Sachs, P.A. a seven attorney law firm with offices in Fort Lauderdale and Orlando and satellite offices in Naples, Fort Myers and Tampa.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at noon each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

He is the first attorney in the State of Florida that designed a course that certifies condominium residents as eligible to serve on a condominium Board of Directors and has now certified more than 10,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.


Join Our CondoCraze & HOAs Email List
Email:  
For Email Marketing you can trust