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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