YOUR ORGANIZATIONAL MEETING AND THEREAFTER

By Rafael Aquino

Published November 18, 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. However, it is essential to know that the organizational meeting is a meeting of the Board of Directors. It is a separate and distinct meeting from the annual meeting, which is a member’s meeting. Therefore, the directors should not be selecting the officers at the annual meeting, but rather at a properly noticed Board meeting. The association will often 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.

When it’s time for the directors to vote for the officers, this vote can be done by secret ballot under the condo and HOA statute, but I find it very uncommon. 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, outside of getting certified, 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 preserved adequately within 30 years of the form 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 a 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.


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As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

 

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.


Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

Doral Office: 8200 NW 41st ST

Suite 200

Doral, FL 33166

Broward Office: 150 S Pine Island RD Suite 300

Plantation, FL 33324

O: 800-977-6279 ● F: 305-325-4053


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