Real Estate Law
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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.
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.
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.
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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.
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.