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Ellen
Ellen, Lawyer, Consultant
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I live in a Florida HOA and need to know if the following by-law

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I live in a Florida HOA and need to know if the following by-law applies to me being a care giver for my husband for 6 mos. and I had to leave the board for that reason and now can't run for 2 years. By-Law 3.3A "If a Board Member resigns other than for medical reasons he/she cannot be eligible to run for the Board of Directors for the period of two (2) years, effective immediately." Does this apply to me since it doesn't state personal medical?

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :

Welcome to JustAnswer,

So sorry to hear of this dilemma. I am a Florida attorney. If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :

Typically this provision would be construed to include medical reasons of a spouse or dependent.

WebLaw :

Consider submitting your name for the Board election.

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

WebLaw :



Best wishes for a Happy and Healthy New Year!

Customer:

The nominations are over, but no ballots have been issued. The BD. Pres. is going to discuss it more tomorrow. Can my name still be put on the ballot?

WebLaw :

I do not know whether your name can be put on the ballot at this point as that would be determined by the specific language of your documents Typically an HOA member would need to be nominated in order to challenge the interpretation of such a rule - but again it would depend upon the language in your specific documents.

Customer:

I was nominated at the Dec. mtg., but the Board didn't except it when someone read the By-Law. It was afterwards that the Pres. said he would look into it on Tues. (1/3).

WebLaw :

Then it appears that you have preserved your rights to challenge the Board's action

Ellen and 7 other Legal Specialists are ready to help you

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