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Florida HOA CAM writes:

Per Board Member request, Since the Board has not been able to fill the vacant 5th seat on the Board, the Board will need to be decreased to 3 Members. With this said, XXX or YY will need to step down as a Board Member as to not have control of the Board as part of the Developers per previously received legal opinion. We will need to receive a resignation.

What reason is there to compel or require a reduction in board members? There has not been a meeting called so there has not been an attempt to fill the seat.

  • 4
    It would be difficult to know without reading the mentioned legal opinion, but usually these boards have odd members so that they can't have a split vote. – Ron Beyer Feb 15 at 20:58
  • Board member #5 quit. This particular legal opinion is from a lawyer not a judge. – gatorback Feb 15 at 21:51
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    There are currently four members, but the opinion says one of two members need to leave... is that because the two are developers, and there's a rule saying developers need to be a minority? My guess is there's some rule about board composition that's being triggered. – Ask About Monica Feb 16 at 0:29
  • The quoted section is not an opinion but a claim from a non-lawyer / non-judge. kbelder question is on track, however, I am unable to find anything in the statues that compel. – gatorback Feb 21 at 19:04

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