Association Attorney conducts Recall Board Meeting with only one board member on speaker phone

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published March 13, 2018



How about a recall board meeting conducted by the association attorney with only one  (1) board member present on the speaker phone -- not even in person. It so happened at the VERANDA AT DORAL CONDOMINIUM NO. 2 ASSOCIATION, INC. on February 23, 2018.


As you can see and hear on the video, the so-called "Recall Board Meeting" was conducted by association attorney Attorney Carlos Alberto Triay, Esq.. The board member present on the speaker phone is (no other board member present at the meeting) is President Georgina Masses-Valera, in the video referred to as "Gina." Present was as well association manager Enrique Garcia


No mention about a quorum or anything even close, the meeting just went straight to the introduction at the start of this "Meeting Without A Quorum."



Here is a shortened transcript of the so-called recall meeting:


Attorney Triay: "I want to call the meeting to order for Veranda Doral No. II Condo Association. I have 11:51 am. As for introduction for anybody I am Carlos Triay, the association attorney. In the room are two unit-owners. I state the names right now Rodrigo Garcia and we have Arlene from the management company. And we have a board member on the phone -- ok. Gina can you hear me?"

Gina: "Yes!"

Attorney Triay: "As a recap: We have 28 units. 28 written recalls were received. From the 28 .. - sorry, there are 28 units in Veranda II. 16 ballots were received, three of the ballots voted not to recall you on the board. In addition there are two others ballots are received which are being disqualified because there are no voting certificates for them. That means there is a total of eleven (11) individuals of the units that voted for the recall. So I'm going to ask you to make a motion to not to certify the recall."

Gina: "OK: I make a motion not to certify the recall."

Attorney Triay: I need you to second and approve it."

Attorney Carlos Alberto Triay, Esq. at the "Recall Board Meeting."

Gina: "I second the motion and all say: Aye."

Attorney Triay: "So, it's approved! OK! Comments from the members present?"

Member (representting Owners Voting For Recall) Luis Davila: "Yes, you must call two people in the board. That's what the bylaws says."

Attorney Triay: "OK, any other comments from here?"

Attorney Triay: "Gina, can you make a motion to adjourn the meeting?"

Luis Davila: "You must call two people in the board members because that is stated in the bylaws. It is illegal to be by yourself!"

Attorney Triay: "Point written down. Gina, can you make a motion to adjourn the meeting?"

Gina: "I make a motion to adjourn the meeting."

Attorney Triay: "Motion to adjourn is approved. Ok, thank you. Have a great afternoon Gina."

End of recorded meeting.

It's always interesting to listen to a meeting where the same board member (the only one present at the meeting) makes the motion, seconds the motion and votes: "All say AYE!"

Are we having fun?

To be very honest: In all these years I have seen lots of "funny" videos of board meetings, but not one where an association attorney "presided" over a board meeting with no quorum present and even ignored the clear statements of Luis Davila stating that minimum two board members are needed to hold a board meeting.

I guess the law school attorney Carlos Alberto Triay attended didn't teach that a quorum is required by FS 718 to hold such a meeting?