What happens when, due to resignations or otherwise, not enough members of the board exist to constitute a quorum?
If an association fails to fill vacancies on the board sufficient to constitute a quorum in accordance with the bylaws, any unit owner may apply to the circuit court for the appointment of a receiver to manage the affairs of the association. A receiver will have the same powers and duties as the board and will serve until the vacancies are filled sufficient to constitute a quorum. However, at least 30 days prior to applying to the circuit court for a receiver, the unit owner must mail to the association, as well as post, a notice of the intended action and give the association the opportunity to fill the vacancies. If the association fails to fill the vacancies and a receiver is appointed, the association will be responsible for the receiver’s salary, court costs, and attorney’s fees. Condominium Act: Section 718.1124, F.S.
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