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Absent Director Can Be Replaced

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By RICHARD WHITE Tribune correspondent

The Tampa Tribune

Published: August 28, 2008

Our homeowners association is governed by Florida Statute 720. Our bylaws say that a director who has unexcused absences for three consecutive meetings has vacated his/her director's position.

I have tried to find the proper form to officially remove a director. Is it verbal or written? What is the best way to handle the situation?

BF

Miami

With the second absence, make a remark in the officers' reports of the obligation to attend meetings, and include it in the minutes. Keep it simple, with no adverse comments. Then, send a copy of the minutes to the absent director with a note that if he /she is absent for the next board meeting, the position will be considered open and a new director will be appointed.

At the next meeting, the first item on the agenda will be a motion to appoint a new director. If the director is absent, appoint the replacement. A motion to appoint someone to fill the vacant director's position will solve the problem.

We live in a resident-owned mobile home park. For two years we have been fighting high rent increases. Our new cooperative board refuses to lower the rent because past cooperative boards did not turn over their records.

The past board guaranteed the shareholders that there would no rent increase for 10 years. What can be done to force the board to lower the rent?

AP

Largo

Boards have little control over the economy, which can force increases each year in budgets and operational expenses. It is physically and fiscally impossible for a board to guarantee that fees, or rent, will not increase.

If you believe a candidate who campaigns on promises that he/she will not increase the fees, you are naive. Inflation is a fact of life.

Your board has a fiduciary duty to maintain the common areas and the community. As components break and property depreciates, the costs for repairs and replacements increase.

As for the past records, your current board should send certified letters to the past directors demanding that the records be turned over immediately. Warn them that the records are the property of the cooperative and that removing them could be considered a criminal discharge of duty.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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