My HOA Bylaws state no Directors/Officers may also be employees.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My HOA Bylaws state no Directors/Officers may also be employees.

My HOA Bylaws state no Directors/Officers may also be employees. A Director officer is running the day-to-day affairs of the clubhouse with no compensation. I contend she IS an employee regardless of lack of compensation according Blacks Law Dictionary.

Is this correct?

Asked on June 5, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

This is not an employment law question per se, because none of the employment laws (e.g. wage-and-hour laws; employment discrimination laws) are implicated. Rather, this is essentially a contractual interpretation question: what is the intent of the by laws? If it is to prevent officers/directors having a role in day to day operations, then she is violating the by laws. If the intent is to prevent officers/directors from then paying themselves a salary as an employee, she is in compliance. You may need to look to the context provided by the rest of the by laws and/or to the minutes of any meetings where this by law was adopted to discern its purpose.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption