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Formal Vote Must Fill Board Vacancy

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By RICHARD WHITE

Tribune correspondent

Published: August 7, 2008

How do we select a new board member to replace one who has resigned? Does the selection of a new board member have to take place at an official meeting or can it be through an informal gathering?

HA

Tampa

The vacancy must be filled by a vote of the remaining directors, according to Florida Statute 617.0809. You need to have a meeting in advance of the vote to determine whether the candidate is qualified and willing to serve. For this meeting, a quorum of directors is not necessary, but if all the directors are not present, you may need to meet again so everyone has information about the nominee before the vote.

The directors must accept or appoint the new board member by formal vote. If there is more than one candidate, the board must elect the new member. The vote should be entered into the minutes. Once the board votes, the person is considered a board member and fulfills the unexpired term of his or her predecessor.

I continue to receive questions concerning the two-year census required for adult communities. Here are two:

1. I have lived in my community for five years and have never seen a census taken. The management company dances around the question, saying the fees have been paid to the state.

As original buyers, we were well-screened, however, when owners die there has not been any follow-up as to who is occupying the unit.

If this matter is not addressed, what should I do?

KE
Pembroke Pines
2. Is it necessary to take a census at an over-55 community? We have lived here a number of years and there has never been a census.

LI
Pinellas Park
Communities that impose age restrictions must complete a census every two years demonstrating that residents meet the age criteria. That is necessary to protect the community if a person who does not meet the criteria is denied residency and sues. The community must be able to prove it has enforced the age requirement, and it does that through the two-year census.

To execute the census, the association asks the residents of each unit to sign an affidavit verifying their name, age and address. Then, the association president completes a form that verifies residents presented proof of age. Those rules are spelled out in Federal Register, Part IV, 24 CFR Part 100, Page 16330, 100.307.

There are no standard forms. The board might ask their attorney to prepare one with blanks to be filled in.

It is not necessary to submit the affidavits the state, but they should be kept with the association's records in case of a lawsuit.

The right of an adult community to restrict children is an exemption from age discrimination laws. So if someone sues the association for age discrimination because their children were not allowed to live in the community, the census would be used to prove that the association and community have complied with the Housing for Older Persons Act of 1995.

As for the manager who says he has filed with the state, that is only part of the requirements. Without a census, there is no proof the community has adhered to its rules. And the board of directors is responsible for records, not the manager.

You can show the manager and the board the letter of the law by going to talkwithcam.com and clicking "Important Information." You'll find a file for the Federal Register that can be downloaded and printed out.

Or, I can mail you a copy. Send a large, self-addressed envelope with postage for 4 ounces, ($1.34) and I will copy the 12-page report and include the information regarding Florida requirements. Mark the envelope Federal Register and mail it to the address below.

Write to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115; or e-mail camquestion@cfl.rr.com.

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