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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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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