1. If the unit owners are dissatisfied with a board member, they can call a special meeting for a recall, which only requires 10 percent of the voting interests to initiate.
2. The special meeting for recall must be noticed and cannot be transmitted electronically.
3. A majority vote of the unit owners or an agreement in writing by a majority of all voting interests is needed for the recall to be approved.
4. If the recall vote is successful, the board must hold a meeting within 5 business days to certify or not certify the recall.
5. If the recall is certified, the member is recalled immediately and must return all association records and property in their possession.
6. If the board decides not to certify the recall, they must file a petition for arbitration with the Division of Florida Condominiums within 5 business days.
7. If the arbitrator certifies the recall, it is effective upon the arbitrator mailing the final order of arbitration to the association. – If the board fails to hold a meeting within 5 business days of a unit owners’ special meeting to recall, the recall will be automatically deemed effective and the recalled board member must return all association records and property.
– A representative of the unit owners may file a petition challenging the board’s failure to act within 60 days.
– The recalled board member may also file a petition with the Division of Florida Condominiums challenging the validity of the recall within 60 days of the recall being deemed certified, and the association and the unit owner representative shall be named as respondents at the arbitration.
– Once a board member is recalled, a vacancy on the board must be filled. If a majority of the board members remain after the recall, the vacancy may be filled by a vote of the remaining directors. If the recall results in a majority of the board members being recalled and removed, the vacancies shall be filled according to the procedural rules adopted by the Division of Florida Condominiums.
https://www.jimersonfirm.com/blog/2014/01/recalling-condominium-association-board-members-according-to-the-florida-statutes/
Leave a Reply