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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23751
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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Our Condo docs state that "the Board of Directors, composed

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Our Condo docs state that "the Board of Directors, composed of no fewer than three nor more than seven shall govern the business affairs of the Assoc. The exact number shall be determined by the affirmative vote of (unit owners) who hold at least a majority of the voting interest. We, the Members wish to create a petition to increase the Board to seven (7) members and solicit our membership to sign, date, and provide their unit number. According to our docs, "written consent must set forth the action to be taken with reasonable specificity and executed & dated by Members. Need help writing it.
Submitted: 10 months ago.
Category: Business Law
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

To accomplish this you will need to revise your CC&Rs. This will require you to get the necessary votes under the terms of your existing CC&Rs to pass an amendment, the new documents will have to be recorded with the County Recorder's Office, and you can then add as many Board Members as you wish.

William B. Esq. :

To do this, I recommend that you find a good HOA attorney to assist you in drafting the documents, revised CC&Rs or Governing Documents should be carefully drafted, unfortunately I cannot assist you with the specific document drafting through this website forum, but I can give you a couple of websites to help you locate local attorneys that can assist you with this type of document.

William B. Esq. :

You can find attorneys on your State Bar Association’s website; Martindale Hubble: (http://www.martindale.com/); or, on AVVO: (http://www.avvo.com/find-a-lawyer).


 


To keep costs down, I recommend finding an attorney that is working in a small firm or as a solo practitioner. A newer attorney usually charges slightly less than a more experienced attorney, while the more experienced attorneys are usually a little more efficient. In the end, you need to find an attorney that you feel comfortable with, and it is okay to speak with more than one before retaining one.


 

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

Expert:  William B. Esq. replied 10 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 10 months ago.

I don't think you understand my need. We're not changing condo docs. Simply want to create a petition and garner the signature of Owners. If a majority of the Owners agree to increase the board by signing the petition we only have to submit it to the board whom must accept it and increase up to the number already allowed by our docs. That number is XXXXX

Expert:  William B. Esq. replied 10 months ago.
I do believe I understand - but if you want to change the terms of your existing docs (you can only have up to 7) you will have to change or amend those recorded documents. This requires either an amendment or change to your documents that will have to be recorded. This is not something that can be altered without a recorded document.
Customer: replied 10 months ago.
Relist: Inaccurate answer.
Lawyer doesn't understand question. We're not amending anything. The docs call for a simple majority vote to increase the board from 5 to 7 members if desired by unit owners and only requires written consent.
Expert:  Law Pro replied 10 months ago.
Hi! New expert here. Allow me to assist. What state is this going on in so that I can assist you in getting the necessary membership approval to increase the number of board members.
Customer: replied 10 months ago.
Florida
Expert:  Law Pro replied 10 months ago.
OK, example:

Blank Condominium Association, Inc.

c/o Mirza Basulto & Robbins, LLP

9690 West Sample Road, Suite 103

Coral Springs, FloridaNNN-NN-NNNN/span>

Phone(NNN) NNN-NNNNFacsimile(NNN) NNN-NNNN/span>


BALLOT

Please vote "yes" or "no" to increase the number of board members from three (3) to seven (7).

___________ Yes

___________ No


INSTRUCTIONS FOR COMPLETING VOTE

1. Place a "x" in the appropriate space provided above for approving or disproving increasing the number of board members from it's current membership of three (3) board members to seven (7) board members. Place this completed ballot in the envelope marked "Ballot" and seal the envelope securely.

2. Place this sealed "Ballot" envelope in the second "outer" envelope addressed to: Blank Condominium Association, Inc., c/o Mirza Basulto & Robbins, LLP, 9690 West Sample Road, Suite 103, Coral Springs, FloridaNNN-NN-NNNN

3. The eligible voter shall sign the "outer" envelope and identify the unit which the voter represents.

4. Please return this envelope to: Blank Condominium Association, Inc. c/o Mirza Basulto & Robbins, LLP, 9690 West Sample Road, Suite 103, Coral Springs, FL 33065 prior to _______________ _____, 201_____ or bring it to the Annual Meeting.

DO NOT ENCLOSE ANY OTHER DOCUMENTS WITH THIS BALLOT.



How is that for an example?
Customer: replied 10 months ago.
Great!
Expert:  Law Pro replied 10 months ago.
OK, I wanted to make sure before an hit I "answered" you.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 23751
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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