Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Re: a Florida Homeowners Association Our documents under…

Re: a Florida Homeowners Association Our...
Re: a Florida Homeowners Association
Our documents under Article VIII Officers
Section 1. The Officers shall be a President, a Vice president, a Secretary and a Treasurer. The President and the Vice President shall be members of the Board of Directors.Does the above clause leave open, non Board members to hold positions of secretary and treasurer? Can members of the Homeowner's association or non members hold the position of secretary and treasurer
Our docs date back to 1979.
Does Florida Statute 720 override non board members, including members of the HOA or non members of the HOA, when it comes to filling the position ofsecretary and treasurer of the Board?
Priority of answers requested May non Board members, but members of the HOA, be voted on by the Board of Directors to fill the positions of secretary and treasurer?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
3/9/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,720
Experience: 30 years experience representing clients.
Verified
Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Legal Question
the statute only required the bylaws describe the required officers and a manner of selection. If the bylaws do not require the secretary and treasurer be members of the board then the board should be able to select a qualified member to serve in that capacity.
The board may want to form a committee to update the bylaws and clarify the process in more detail, since it is a bit vague and subject to interpretation.
If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Ask Your Own Legal Question
Customer reply replied 4 months ago
What does this mean "then the board should be able to select a qualified member to serve in that capacity"
Does that mean that the Board can choose any member of the Homeowner's assocation to be the secretary and treasurer?
that is what it means. By specifying that only the president and vp be board members, the bylaws leave that selection of the other officers up to the board.
Ask Your Own Legal Question
Customer reply replied 4 months ago
Does the selection by the Board for secretary and treasurer
1- have to be a member of the HOA
2a- or can they be someone outside the HOA
2b- or even a paid individual for the position of secretary or treasurer
1. Yes, they need to be a member to be an officer or director.
2a No, they would need to be a member.
2b. No, the statute prohibits an officer or director receiving compensation.
Ask Your Own Legal Question

Are you still online with me?

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,720
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,720
38,720 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a legal question regarding a nonprofit organization.
Hello, I have a legal question regarding a nonprofit organization … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
Florida HOA. I have a book on HOAs written by a paralegal
Florida HOA. I have a book on HOAs written by a paralegal who claims that an HOA board (Ch 720) may allow any or all directors to participate through telephone or videoconferencing. She claims this is… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
Will you please help clarify your opinion of the authority
Will you please help clarify your opinion of the authority granted to the President & Vice Presidents from the description below from the bylaws? This is for a Texas non-profit corp. This non-profit c… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
I live in Florida in a homeowner association under Chapter
I live in Florida in a homeowner association under Chapter 720. The board has been asked to amend our bylaws and covenants. I am also with the National Association of Parliamentarians. My HOA has amen… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
hi, we have been speaking about removing the secretary from
hi, we have been speaking about removing the secretary from an s-corp. but we also need to know how to remove her from the bank account, as she is a signee on the account and the bank will not remove … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am a member of a Non-profit Associtaion of shop owners and
I am a member of a Non-profit Associtaion of shop owners and renters in a tourist area. "Membership" is inclusive of all owners and shop renters and no dues or fees are collected. As long as a person … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Hello, Re: New Hampshire Condominiums The Condominium
Hello, Re: New Hampshire Condominiums The Condominium Bylaws state that the officer of President shall have the same duties and powers as the president of any New Hampshire stock corporation. In gener… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Question presented When the bylaws of a qualified 501(c) (3)
Question presented: When the bylaws of a qualified 501(c) (3) charitable organization incorporated in California are silent with regard to whether appointed officers or agents have voting rights on th… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
ARTICLE IV, Section 4 of our Home & School By-laws reads Only
ARTICLE IV, Section 4 of our Home & School By-laws reads: "Only a paid member of the Association is eligible for the office of the Corresponding Secretary, Recording Secretary, or chairmanship of a st… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Florida homeowner association law. Our bylaws allow proxies
Florida homeowner association law. Our bylaws allow proxies to be used at annual meetings, but do not state which board of director votes the proxy. Our HOA has been in existence since 1985 and the pr… read more
Loren
Loren
Attorney
38,720 satisfied customers
I am on the Board of our 8 unit Condominium in Florida and
I am on the Board of our 8 unit Condominium in Florida and I have a couple of questions about the upcoming annual meeting: 1. Our documents call for having a President, Vice President, Secretary and a… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
CALIFORNIA The HOA Board needs a quorum to start each meeting
CALIFORNIA: The HOA Board needs a quorum to start each meeting and make any decision. If this is true, and the quorum is not present, are the decisions made VOID automatically or VOIDABLE upon a court… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a member of a Board of Directors for a Homeowners Association.
I am a member of a Board of Directors for a Homeowners Association. On this Board is a married couple, one is the Secretary and the other is the Treasurer. Is that legal when votes are made by the Boa… read more
Loren
Loren
Attorney
38,720 satisfied customers
I recently won the HOA Board election as Secretary. Can I forward
I recently won the HOA Board election as Secretary. Can I forward the results of the Ballot counts to homeowners or is this confidential? Will it make a difference whether I forward the offical count … read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
My HOA just gave $12700 to the Pool Association to keep them
My HOA just gave $12700 to the Pool Association to keep them afloat in exchange for a position on the less board with a voting right. Is this legal?… read more
HPlawyer
HPlawyer
Attorney at Law
Doctoral Degree
854 satisfied customers
Are there any laws governing an HOA Board calling a special
Are there any laws governing an HOA Board calling a special session without notifying ALL board members?… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
What Officer positions are legally required for the Board of
What Officer positions are legally required for the Board of Directors of a Non-profit in California?… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
We are a CYO Basketball organization in NY. We have 12 ...
We are a CYO Basketball organization in NY. We have 12 board members and are in the process of writing first-time (original) by-laws to help us improve our program. We will soon have a meeting to see … read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x