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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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