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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a question regarding Floridia HOA law, and the

Customer Question

I have a question regarding Floridia HOA law, and the election of officers within my HOA
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Floridia
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: http://www.jrpropertyservices.net/PonteVedraByTheSea/Assoc%20documents/Bylaws.pdf Sections 5.2 a and b are the relevant discussion points.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Sure - what can I answer for you about this, please?

Also please note that JustAnswer is currently offering free calls from experts to select customers. You are one of them. If you want such a call, you can choose this option or let me know, and an expert (not me, someone else) should call you.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
I have become aware that my HOA in Floridia has not been able to achieve a quorum at the annual meeting for the last several years. There are 5 directors on the board serving staggered terms. These terms expire 2 in 2013, 2 in 2014 and 1 in 2016. The board has been taking the approach of with a lack of quorum they simply are taking a board vote to revote in or replace a board member. based on my reading of our by laws, the board as the right to replace a board member who leaves for the remaining term, but no right to place a board member beyond the existing term based on 5.2b. There are no provisions for placing a board member beyond a vote of the members in quorum (majority as defined in the bylaws) so i am concerned that we have 4 out of 5 board members that are not properly elected with a 5th expiring at the end of this year which will leave us with 0 properly elected... Am i reading this right?
Expert:  Ely replied 3 months ago.

Hmm. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck.

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