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Board Of Directors Holds Power To Remove Any Officer

By RICHARD WHITE, Tribune correspondent

Published: October 6, 2007

The six members of our seven-member board want to remove the the president and make her a director. Please advise about the procedure or where in the statutes or administrative code this is.

K.Y.
Hallandale
FS 617.0842(2) says that a board of directors can remove any officer at any time with or without cause. The directors at an appropriately called board meeting can vote to remove the officer but not to remove the person as a director.

There are several ways to accomplish this action. For example, you can ask the president to resign. At the meeting, a director can move to appoint a new president and remove all duties of the past president. The key is that directors have the responsibility to properly operate and the officers have the duties assigned by the documents and the directors.

What are customary restrictions on flag flying? Do we need to alter the bylaws, deeds and covenants?

J.S.

Orlando

In years past, the association documents regulated flag displaying within the community. Some restricted any flag from being flown on the property or unit. Some were silent and allowed flags to be displayed. There were several serious lawsuits where veterans were taken to court to have them remove the U.S. flag.

The state understood and modified the statutes to allow U.S. flags to be flown (FS 718.113 & FS 720.304). In July 2006, President Bush signed the Freedom to Display the American Flag Act of 2005.

The laws allow owners to display one portable, removable U.S. flag not larger than 4.5 by 6 feet in a respectful way and on specific holidays. Recent changes allow the flying of service flags as well: Air Force, Army, Navy, Marines, etc.

Since the laws outweigh the association documents, it is not necessary to amend the documents. However, it would be a good operating policy to make the changes.

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