Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am currently on a three person board with title of Vice…

I am currently on a...
I am currently on a three person board with title of Vice President. What happens if I put in my resignation?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
4/19/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What state are you in? Is this a condominium? Some states have different rules for condo HOAs.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
I am in Florida. Our association is Indian Trail Villas. We do not go by condo HOA accordingly to what they have told me over the years. We are similar to townhouses.

Okay, thank you. Townhouses typically are covered by the HOA statute, not the condo statute. I'm going to go pull that up for you, and I'll be back in a couple of minutes.

Ask Your Own Real Estate Law Question

Fl. Stat., Section 720.306 says "Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director."

Check the bylaws to see if they allow the President to fill vacancies on his own. Sometimes, they do. If not, since there are only 2 remaining directors, they will have to agree on someone. Neither has the power to overrule the other unless it says so in the bylaws.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
Can we as a board appoint two more board members, party of five? Can we then have one of the new appointees as vice president? Can I step into the secretary/treasurer position? Have the current secretary/treasurer as director with the fifth appointee as director as well. The present appointed Secretary/Treasurer was soliciting the neighborhood to impeach the present President and we are not comfortable with her ethics at this time.

If there's already someone in the Secretary/Treasurer position, you can't take it unless they also step down and you get appointed to fill it.

The board can only appoint two more board members if the bylaws call for a 5 person board. If the bylaws only provides for a three person board, then they have to be amended before you can add board members. That's usually going to require a vote by all the homeowners, unless your documents say otherwise.

A board member can be recalled by an affirmative vote of the majority of voting interests. Fl. Stat., Section 720.303. You'd have to hold a meeting, advertise it, and put it to a vote.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
Our by laws state minimum three board members, maximum nine. At this time, can we appointment two people to the board without announcing it to general population? Can I then step down to director position and appointment new appointee to vice president role, leaving the Secretary/Treasurer as is?

You have to tell the general population that you've appointed people to the vacant positions so they know who is on their board. But the board can fill vacancies, so you don't have to put it to a member vote or notify the members in advance. You can then step down after any new members are appointed.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Our condo board is not repairing or keeping up with the
Our condo board is not repairing or keeping up with the outside of units. Average H0A fee monthly is 350.00. In recent months the president died the vice president took over they named a former board … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am on a board of an HOA. in Maryland. The president
I am on a board of an HOA. in Maryland. The president submitted his resignation via email, twice in one day. It was accepted by the Vice President. Then by the rest of the board. Is this legal or does… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
If a Condominium Association President steps down from their
If a Condominium Association President steps down from their position and becomes a Director and no New President is elected immediately what are the ramifications?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Several questions here: First if a President of BOD of an
Several questions here: First if a President of BOD of an HOA resigns and he hands over his proxies he has collected for the next months election for a New BOD's over to the VP who has temporarily fil… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
I live in a condo association and the President of our Board
I live in a condo association and the President of our Board of Managers (an all volunteer board) has moved and her unit is for sale. I found the following in our Declarations: Declaration of Chateau … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
I am reaching out on behalf of myself and several owners of XXXXXXX c
I am reaching out on behalf of myself and several owners of XXXXXX condominiums. The address is XXXX XXX XXX XXXXXX, XXXXXX, XX. I am currently on the Board of Directors of XXXXXX and have concerns ov… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
we have a small HOA of about 16 owners in New York State. In
we have a small HOA of about 16 owners in New York State. In November 2011, we elected a president, vp, secretary and treasurer (but not a board of directors; we did not review by-laws). The majority … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in an HOA in Nebraska. At the last meeting the President
I live in an HOA in Nebraska. At the last meeting the President stood up, said "I resign" and also said he is tired of working with a bunch of Idiots....and left the meeting without closing the meetin… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
. Ive already paid you $79.00 Hi Tina, This is Carol and
. Ive already paid you $79.00 Hi Tina, This is Carol and you sent an email stating I could ask you another question. The president of our board of directors of our condominiums is resigning . My husba… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
dear Socrateaser I know that I am grasping as straws.
dear Socrateaser I know that I am grasping as straws. I just read the discovery documents presented to the lawsuit lawyer on a case regarding the improper election procedures. I haven't had time to re… read more
socrateaser
socrateaser
1,031 satisfied customers
Im a unit owner and live in a 12 unit condominium association.
I'm a unit owner and live in a 12 unit condominium association. The bylaws state we are to have a five member board. Recently, the President resigned. The three of the remaining four board members are… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
For three years my husband and I have owned a home with a small
For three years my husband and I have owned a home with a small HOA (3 houses sharing a driveway and some common landscaping). The HOA is governed by a set of by-laws and CC&Rs as complicated as those… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have recently been elected as president in our HOA. The
I have recently been elected as president in our HOA. The person who came to be vice president was never really given a "yay" or "nay". The guy running the meeting just said since I was president, thi… read more
Lucy, Esq.
Lucy, Esq.
Lawyer
Juris Doctor
32,264 satisfied customers
Regarding Board Members, our association had someone resign
Regarding Board Members, our association had someone resign from the Board several months ago. The Board did not handle the procedure correctly as an open board meeting was not called to accept the re… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Just two weeks ago I was elected to the position of secretary
Just two weeks ago I was elected to the position of secretary on our HOA. I started a blog about the Association Here is the link:http://www.knollsknews.com/ It is meant to help members easily find in… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
I am an HOA director in Florida. I am the elected secretary.
I am an HOA director in Florida. I am the elected secretary. There are many problems with the HOA ... but my problem is this ... the Vice President who is a recovering Alcoholic (with a blow start car… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Just had a meeting. I popinted out that there are a lot of
Just had a meeting. I popinted out that there are a lot of residents parking in guest spots but the Vice President only seems to creat a fine against us. It was stated that as long as no one complains… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I am vice president of a condo association. We have a new president
I am vice president of a condo association. We have a new president that is making decisions and changes without the approval of the board of directors. What can we do about this. Thank you.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 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