Meetings & Board Vacancies

What Can Homeowners do if the Board Fails to Hold Meetings and Fill Vacant Seats?

Upon concurrence of at least ten percent of members, members can call a special meeting by providing notice of the agenda, time, and place of the meeting. Fla. Stat. §720.306(3). All meetings require at least 14 days’ notice to members. Fla. Stat. §720.306(5). Members also have the option of removing some or all board members who are failing to perform their duties. Fla. Stat. §720.303(10).

If an HOA’s board fails to fill vacant board seats sufficient to constitute a quorum, any member can petition the circuit court of the county in which the association is located for appointment of a receiver to take over management of the association. Fla. Stat. §720.3053. The petitioning member must first provide written notice to every other member of the HOA. If sufficient vacancies are not filled within 30 days of the notice, the petition can proceed, and the court can appoint a receiver, who has all powers of the board until the association fills the board vacancies. Id.

For condominium associations, please see Fla. Stat. §718.1124; Granada Lakes Villas Condominium Ass’n, Inc. v. Metro-Dade Investments, 125 So.3d 756 (Fla. 2013).

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