Yes, Once again, Miami-Dade, Broward and Palm Beach Counties have caused the rest of us to have to deal with thier internal conflicts. Can’t we just all get along people!! It seems that a certain House Representative (Julio Rubiano, I think your going to hear his name alot in the future as he seems to think he will solve all of the preceived problems relating to HOA’s and Condo’s) in his constituents infinant wisdom, was able get legislation passed that limits Directors terms in Condominiums to 1 year unless the majority of the membership of an association votes at a duly called meeting to approve staggered terms of no more then 2 years. As this is election time we are all trying to understand this issue. We have learned from two different legal eagle groups that if an association currently has staggered terms those Directors that are not up for re-election would be allowed to continue the remainder of thier terms, however at the next meeting of the membership the members MUST approve staggered terms by a majority of those members present at a duly called meeting. Failure of the memberships approval for staggered terms would mean that ALL Directors positions are up for grabs in 2009 ( or the next election cycle whenever your communities docs say that is). And then they can only serve for 2 years! Maximum! We are also being told that DBPR has issued a Declatuory ruling (or whatever they want to call it) that this vote must be ratified every two years. As always don’t just take it from us, consult your legal guys ASAP! For small associations this is BIG Problem, you usually only have 3 or 5 BOD members, but with large communities this limits the continuity of the BOD. Stay tuned. I beleive that a lot of this type of legislation will someday be brought across the board to include HOA’s and Co-op’s. You have to ask the question? Who’s running the show? The Legislature or BOD?
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