Q: There was a recent vacancy on the board of directors for my condominium association due to a resignation. The board voted to appoint someone to fill the vacancy. However, a question was raised as to whether that person fills the vacancy for the remaining term of the resigning director, which runs until the annual meeting in 2025, or if the person only serves until the next annual meeting early in 2024. Some have stated that Florida law states that the appointed director only serves until the next annual meeting. Is this correct? (G.W., via e-mail)
A: Chapter 617 of the Florida Statutes, the Florida Corporations Not For Profit Act, states as a default result, that a director appointed to fill a vacancy serves until the corporation’s next annual meeting. However, for condominiums, Section 718.112(2)(d)9. of the Florida Condominium Act states that unless otherwise provided in the bylaws, a person who is appointed to fill a vacancy serves for the unexpired term of the seat being filled.
Therefore, unless the bylaws for your association state otherwise, the person appointed to fill the vacancy would serve for the remaining unexpired term. Based on your question, and assuming your bylaws do not say otherwise, it appears that they would serve until the annual meeting in 2025.
For homeowners’ associations, Section 720.306(9)(c) of the Florida Homeowners’ Association Act similarly states that unless otherwise provided in the bylaws, a person appointed to fill a vacancy on the board of directors due to resignation or otherwise serves for the unexpired term.
Q: At a recent meeting of the board of directors for my homeowners’ association, there was discussion of an owner’s request to install a shed on their lot. It was mentioned at the meeting that Florida law now states that owners are allowed to have sheds, and the association cannot prohibit them. Is this correct? (R.V., via e-mail)
A: It appears that the discussion at the board meeting is related to a new provision of the Florida Homeowners’ Association Act, which was adopted in the most recent legislative session. As previously reported, new Section 720.3045 provides that “an association may not restrict parcel owners or their tenants from installing, displaying, or storing any items on a parcel which are not visible from the parcel’s frontage or an adjacent parcel, including, but not limited to, artificial turf, boats, flags, and recreational vehicles.”
The statute does not define frontage, nor does it define adjacent property. Further, because the statute is new, there are no court decisions, or other guidance, on interpreting and implementing the statute. There is also a question as to whether this statute can be applied retroactively to an existing HOA, an issue the board should discuss with legal counsel.
However, based on its terms, the statute would seem to give the property owner or their tenant the right to install a shed, so long as it is not visible from the “frontage” or any adjacent parcel. Therefore, it would appear that not every parcel would be entitled to take advantage of the statute, depending on the configuration of the property. Additionally, if fences or other screens do not separate properties, it would appear that the statute would not allow the owner to install any items, in contravention of the governing documents, where those items would be visible from the adjacent parcels.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.