The Consequences of not having a Board Sufficient t
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Last updated: Friday, February 22, 2008

Occasionally the Board is faced with the problem of owner’s non-participation. The lack of interest of serving on the Board can cause a deficit of Board members sufficient to constitute a quorum.

Depending on the governing documents, the Board should have a minimum of three (3) directors and up to nine (9). In order to decrease the chance of an equal vote, the board should always consist of odd numbers. 

There are many reasons why a Board may fail to fill board vacancies: If a director sales their home and moves away, the board members are too busy to appoint another director, lack of interest by the community or the board simply can’t find a suitable member.

Although required by Florida State Statute, someone in the community would have to actually enforce the law by taking appropriate action. Conversely, in a community where a lack of Board interest is present, the likelihood of enforcements may be nonexistent. 

For related articles simply click, “Alternative Dispute Resolution for both Condominium & Homeowner Associations“.

To enforce compliance of state statutes, a unit owner would have to send a certified letter to the association and post a notice in a conspicuous place on condominium property describing the intended action, allowing association an opportunity to fill board vacancies. If the board takes no action after thirty (30) days of notice, a petition may be filed within the jurisdiction of the condominium to the circuit court demanding a receiver to manage association business.

A receiver is defined as a person (usually appointed by a court of law) who liquidates assets or preserves them for the benefit of affected parties.

The association pays salary of the receiver, court costs and attorney fees. At anytime the association could eliminate the receiver by appointing a record owner to fill a vacancy on the board sufficient to constitute a quorum. Until then, the receiver would have the same exercising rights and duties equal to a regular board member.

718.1124   Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.–If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner may apply to the circuit court within whose jurisdiction the condominium lies for the appointment of a receiver to manage the affairs of the association. At least 30 days prior to applying to the circuit court, the unit owner shall mail to the association and post in a conspicuous place on the condominium property a notice describing the intended action, giving the association the opportunity to fill the vacancies. If during such time the association fails to fill the vacancies, the unit owner may proceed with the petition. If a receiver is appointed, the association shall be responsible for the salary of the receiver, court costs, and attorney’s fees. The receiver shall have all powers and duties of a duly constituted board of administration and shall serve until the association fills vacancies on the board sufficient to constitute a quorum.

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