Board is capable of removing president
Q: Our president has been in office for a number of years and is not likely to step down. No one wants the job. I am a board member and will probably resign if this person remains. Is there anything we can do to force this person to step down?
A: You have annual elections. The members vote to elect directors. If the members are not happy, then they would not vote to re-elect this person. If this person is doing such a poor job, why did the members reelect him?
In addition, officers — including the president — are elected by the directors. The same question: If the president is doing such a poor job, why would the directors re-elect him?
Here is the formula: Directors serve from annual election to annual election. Officers serve from board meeting to board meeting. Thus, the president can be removed as an officer at any properly called board meeting.
Your job as a director is to persuade a majority of the directors to elect a new president at the next board meeting. The board cannot remove him as a director but they can remove him as president.
Board still can operate while absent
Q: I live in a cooperative park where fewer than 20 percent of residents are full time. Most are Canadians who go home for the summer. Thus, the board departs during the summer and almost all activities are put on hold.
One of the problems is that no home can be sold from April to November because no director is in residence. Our home has been for sale and we have lost several buyers because the board will not review the credit and other reports of the buyers. We would like your input.
A: The board must establish a system of communications for any business operations and management. One example of timely business is when a bank, attorney or closing agent sends an estoppel letter, FS 719.108, requiring that the letter be completed within 15 days. When there is formal court action or a subpoena is served on the association, you only have a limited number of days to answer.
Failure of the board to answer letters can result in loss of fees and other money or the failure to answer the court orders can result in a default. Although it is possible to close up shop for the summer and head north, the board must establish lines of communications to avoid a no-answer to legal documents. With today's communications technology, required business can be conducted at little cost. If documents must be sent, you have overnight services for a few dollars. Just because they are away is no excuse to close operations.
Richard White is a licensed community associations manager. Write to him at 6039 Cypress Gardens Blvd., No. 201, Winter Haven, FL 33884-4115. Please include your name and city.