By Jan Bergemann

Published November 20, 2020


You have made it through the annual election as required by the association’s Bylaws and the Florida statutes – hopefully without lawsuits or arbitration. A new board was elected, but now it’s up to the new board members to elect the officers. The association’s Bylaws will explain in detail what officers are to be elected – and what the tasks of these officers will be. The Bylaws normally will tell you as well when the so-called “Organizational Meeting” has to take place. It has to be a separate meeting from the annual meeting. Remember: The Annual Meeting is a membership meeting, while the Organizational Meeting is a board meeting – and has to be officially noticed.


The actual election of the officers at this meeting can be held by secret ballot, but that is not a legal requirement.


Please remember: Officers are serving at the pleasure of the whole board and can be removed from office (not from the board) by simple majority vote.


I often hear board members complaining about the “president” making decisions without even discussing it with the other board members. Board members have to remember: If false decisions are being made that may cause lawsuits (or arbitration filings), the whole board is responsible, not just one board member who made the decision without the vote of the full board.


And instead of complaining about the board president being a dictator the other board members should take the necessary action and replace the board president by simple majority vote at any board meeting with another board member willing to follow rules and statutes.


Officers are playing an important role in the management of the association – and they should take their jobs seriously. Board members should be willing to serve the community and do the work as required by the Bylaws, not just seeing it as a title that lifts their "social standing”.

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Jan Bergemann Jan Bergemann is president of Cyber Citizens For Justice, Florida 's largest state-wide property owners' advocacy group. CCFJ works on legislation to help owners living in community  

associations. He moved to Florida in 1995 - hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!


CCFJ was born in the year 2000, when some owners met in Tallahassee - finding out that power is only in numbers. Bergemann was a member of Governor Jeb Bush's HOA Task force in 2003/2004.


The organization has two websites to inform interested Florida homeowners and condo owners:

News Website:

Educational Website:

We think that only owners can really represent owners, since all service providers surely have a different interest! We are trying to create owner-friendly laws, but the best laws are useless without enforcement. And enforcement is totally lacking in Florida !

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