I'm providing this information for those in attendance at the BOD workshop today who asked for clarification on the status of the remaining 3 year Director seats on our Board.
The links listed below are found on the
Florida Department of Business & Regulation Site.
From the section on Condominiums you can find these links under year 2009 of the Declaratory Statement Index.
Olympus Condominium Association
Brickell Bay Club Condominium Association
In both cases the state agency in charge of condominiums has ruled that the statute would be applied prospectively only. In other words, the statute would apply to directors elected after October 1, 2008 and would not apply to persons who were elected prior to that date. If elected to a multiple year terms before that date, the person had the right to serve out his entire term.
We have 15 Directors on our BOD with the following status:
5 Directors on 1 year terms expiring March 2010
5 Directors on 3 year terms expiring March 2010
5 Directors on 3 year terms expiring March 2011
Therefore 10 Director seats will be up for election in March of 2010 no matter what the outcome of the vote on the Director Term amendment. The outcome of the vote on the Director Term amendment will determine only whether those 10 Directors are elected for one or two year terms.
Vote 'YES' on the Director Term amendment to allow for two year director terms.
Here's the link to my original post on this topic:
Original Post on Director Terms
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TWO YEAR terms are sighted in both examples that you reference here and previously in July 2009. BOTH Petitioners were associations where the terms held were TWO Year terms, NOT Three year like WWS. I propose that your opinion is faulty. THE SPIRIT of the 718 law change is ONE year default terms UNLESS the membership votes for Two year terms. I propose also that WWS was in ERROR in March 2009 and ALL DIRECTORS SHOULD HAVE COME UP FOR A VOTE MARCH 2009 BECAUSE THE MEMBERSHIP had NOT voted by the Nov. 2008 effective date. PLEASE COMMENT.
ReplyDeleteLudi McDevitt, 427
No Ludi. You're wrong. These two references set the legal precedent for allowing both 2 and 3 year terms to come to their normal end. But I will respond in full in a new post.
ReplyDeleteClaudia Wizner 142
(Unrelated to this post) I suggest that you post the agenda for each BOD monthly meeting.
ReplyDeleteGus