A DIVIDED BOARD OR A UNITED BOARD?

 

With all of the negative press out there regarding condo and HOA boards, one would get the impression that all board members are united in their effort to accomplish a pre-planned agenda that serves the board members’ interests instead of the community interest as a whole.  The truth is often times very different.

Despite what you may read, board members are often times at each other’s throats.  It is not uncommon for me to be at a meeting where one half of the Board wants the other half removed.  In fact, I get so many phone calls every year from Board members who say a majority of the board members want the minority of the board members removed.  They want my assistance in accomplishing that objective, and I have to quickly tell them that board members can’t remove board members from the board;  only the owners in a recall vote can accomplish that.  But, that may not be true any longer.

 

Since forever, Florida law was clear.  Board members can remove officers from their officer positions, but could not remove directors from serving on the Board.  If a majority of the Board doesn’t like the President, they can take away that title, but the President remains a director.

This year, everything changed.  Starting July 1st, a majority of the Board will be able to remove directors who they believe fail to disclose a conflict.  Let me suggest that this is a dangerous measure and suddenly lots of conflict that were allegedly not disclosed are suddenly going to be alleged by a majority of Board members.    The law wasn’t broken, yet The Florida Legislature thought it needed a fix.  The recall provisions which allow a majority of the owners to remove a director for any reason, or no reason, already was in place.  Why the need to now suddenly allow directors to remove directors?

If anyone hears about their Board removing fellow board members, let us know about it here.

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