Summerfield, FL asked in Public Benefits for Florida

Q: Our HOA bylaws were created in 1990 and filed with the State of Florida. What is required to turnover the association?

"The developer shall organiz the association. The board of directors shall consist of no more than 20 and not less than 3 directors. Prior to turnover the developer shall have the right to control the association and shall not be required to submit any matters to the members for a vote of approval. " The director is the developer and the 2nd director is the son and the 3rd director is a relative. There is no wording on when the turnover can happen. There are at least 800 owners and only 5 board members of which 3 are related. Can we vote to remove them? What kind of attorney can the owners get to try and get fair representation on the board? How can you change the bylaws when the developer is solely in charge.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 720.307 provides in pertinent part that:

"... —With respect to homeowners’ associations:

(1) Members other than the developer are entitled to elect at least a majority of the members of the board of directors of the homeowners’ association when the earlier of the following events occurs:

(a) Three months after 90 percent of the parcels in all phases of the community that will ultimately be operated by the homeowners’ association have been conveyed to members;

(b) Such other percentage of the parcels has been conveyed to members, or such other date or event has occurred, as is set forth in the governing documents in order to comply with the requirements of any governmentally chartered entity with regard to the mortgage financing of parcels;


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