MarkSoderland Posted February 13, 2021 at 05:26 PM Report Posted February 13, 2021 at 05:26 PM (edited) I wanted to get your thoughts on a Florida POA situation we’re experiencing. We have a new director voted-in to our POA Feb 1st here in south Fl. However, the president of the association is still allowing the out-voted director (the President’s friend) to continue representing the Board of Directors as he meets with contractors for certain projects. The new director cannot perform his duties & feels he’s being targeted by the President for winning the election. Surely all duties should cease once the old director has been removed from his position? Some background: We still have not had our first regular board meeting of the year (only the election meeting Feb 1st), & no committees have been proposed or approved. 1st Regular meeting of the year is scheduled for March 20th. TIA for your input Edited February 13, 2021 at 06:07 PM by MarkSoderland Quote
Richard Brown Posted February 13, 2021 at 06:27 PM Report Posted February 13, 2021 at 06:27 PM When do your new directors assume office? This is very important. Please quote the exact provision (or provisions) from your bylaws (do not paraphrase, quote exactly) regarding the terms of office and when the terms begin and end. This is almost certainly contained in your bylaws. Quote
Guest Puzzling Posted February 13, 2021 at 06:35 PM Report Posted February 13, 2021 at 06:35 PM It depends on what your bylaws and other higher regulations say. Who is to represent the board of directors / the organisation as a whole? Is it the president or the director ? And if it is the president is he allowed to delegate it to a non board member? These are not simple questions so do not make overcast decisions on what the answers are. For POA s also have a look at the governing laws , have a visit at the website of the homeowners protection bureau www.hopb.co but even after that I think a talk with a lawyer might be needed. Quote
MarkSoderland Posted February 15, 2021 at 12:26 AM Author Report Posted February 15, 2021 at 12:26 AM No reference to non board-member activity. However this portion of the by-laws specifically refers to business affairs involving board of directors only. Quote
Rob Elsman Posted February 15, 2021 at 02:44 AM Report Posted February 15, 2021 at 02:44 AM The word "manage" seems to have a missing "d". This sort of thing is unusual for documents that have been scrutinized as carefully as bylaws should be. Quote
Guest Puzzling Posted February 15, 2021 at 07:56 AM Report Posted February 15, 2021 at 07:56 AM 7 hours ago, MarkSoderland said: No reference to non board-member activity. However this portion of the by-laws specifically refers to business affairs involving board of directors only. Not sure where exactly this is from , but it refers to the bylaws for details , and it is a bit curious to have the bylaws refer to itself in that way. I guess for RONR it is part of the (category) bylaws / governing documents but it looks like there should be more details in the bylaws or other governing document. Quote
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