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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55297
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I live in a condo. Our board is having problems getting work

Customer Question

I live in a condo. Our board is having problems getting work done because the President will not call a meeting. He is a Tennis judge and is always traveling. He is a control freek and a rogue board member. The other board members are afraid of them. He called the VP and told her she was a "f**king lazy bitch" and things of that nature becasue she tried to get the secretary to call a meeting which our documents state can be done.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Florida. The quote from our documents is.
JA: Have you talked to a lawyer yet?
Customer: OR Book 4354 Page 2101 and 2102Article II, Section 2. Vacancy and Replacement. If the office of any director or directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining directors through less than a quorum, at a Special Meeting of Directors duly called for this purpose, shall choose a successor or successors, who shall hold office for the unexpired term in respect to which such vacancy occurred.Article II, Section 6. Item C. Special BOARD Meetings of the board may be called by the President on five (5) day notice to each Directors. Special Meetings shall be called by the President or Secretary in a like manner an on like notice on the written request of three (3) Directors.
JA: Anything else you think the lawyer should know?
Customer: our manager is very frustrated. She is trying to get things done but he now wants to change management companines.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

Good morning. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

The President is entirely out of line. He doesn't get to make up the rules. The board and the officers serve at the pleasure of the owners. And, the officers and the board have a fiduciary duty to the owners. Given the president's behavior and unavailability, the owners and the board should take action to remove the president from his role. If the President or Secretary will not call a meeting at the direction of the board, then the board can call the meeting. The President is not going to be able to legally contest such a meeting when such a meeting is called due to the President's failure to act and/or when the purpose of the meeting is to remove the President.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 11 months ago.

I just wanted to let you know that I will be away for the next hour or so for my morning run. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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