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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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I'm in an HOA established in 1975. The Articles of

Customer Question

I'm in an HOA established in 1975. The Articles of Incorporation state a quorum for annual meetings shall be a majority of the voting members. That's 51% of 310 or 156. In 1983 the bylaws were amended to say 30% was a quorum for annual meetings but the Articles were never amended. The board went by the 30%. In 2015 the bylaws were amended again to say 20% would be the quorum but the Articles were never amended. Florida Statutes say 30% is a quorum but the Articles still say 51%. The governing documents do not state the association is governed by FS 720, as amended from time to time. What holds priority here?
JA: When were the association's governing documents last updated?
Customer: The deed restrictions were extended in 2012 but only the date they would expire, nothing else.
JA: Has any paperwork been filed?
Customer: Of course. All recorded.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. We are dealing with several issues but feel the quorum issue is the most important since the quorum of 156 has not been reached since 1983 and now we wonder about the validity of boards and their decisions without being "legally" elected.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 month ago.
I believe this was taken to court the bylaws that were amended would control. Typically Articles of incorporation or not amended
Customer: replied 1 month ago.
If the Articles are the "stronger" document in the order, why would the bylaws rule?
Customer: replied 1 month ago.
Don't have time, leaving the house in a few minutes. Just Answer please.
Expert:  Asad Rahman replied 1 month ago.

It is more an issue of chronology. The articles created your HOA but the bylaws indicate how it is run amd organized.

Expert:  Asad Rahman replied 1 month ago.

If you have no further questions a positive rating of 5 stars would be greatly appreciated

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