My association's documents say that the board must consist of five total members. This past election, only four people ran and got elected. Does the new board then have to appoint another member? If they choose not to for some reason, can any other unit owner step in and volunteer to serve as the fifth board member?

—Coming On Board

“The answer to your inquiry depends on the language contained in the association’s bylaws,” says Shari Wald Garrett, an attorney at Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. in Miami.

“Without having the documents available for review, your question cannot be answered definitively. The scenario described in your inquiry is to be treated as a vacancy in the Board of Directors.

“Most documents provide that when there is a vacancy in the Board of Directors, a majority of the remaining directors vote to appoint an owner to fill the vacancy. Florida Statute 718.112(2)(d)2 likewise provides, that “unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director.

“It is important that the number of directors be maintained in accordance with the association’s controlling documents. In the event that the vacancy is not timely filled, the owners may petition the court to appoint an owner to fill the vacancy.”