Condo Association Management Blog

We just had to do this at our condo in Florida.

First step is to check your association docs for guidance on how to remove a board member 
 
Second step see F.S. 718.112 (2) (j) Recall of board members for guidance on how to remove a board member http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC112.HTM&Title=->2009->Ch0718->Section%20112#0718.112  
 

First step is to check your association docs for guidance on how to remove a board member 
 
Second step see F.S. 718.112 (2) (j) Recall of board members for guidance on how to remove a board member http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC112.HTM&Title=->2009->Ch0718->Section%20112#0718.112  
 

First step is to check your association docs for guidance on how to remove a board member 
 
Second step see F.S. 718.112 (2) (j) Recall of board members for guidance on how to remove a board member http://www.leg.state.fl.us/statutes/index.cfm?

First step is to check your association docs for guidance on how to remove a board member 
 
Second step see F.S. 718.112 (2) (j) Recall of board members for guidance on how to remove a board member http://www.leg.state.fl.us/statutes/index.cfm?

First step is to check your association docs for guidance on how to remove a board member 
 
Second step see F.S. 718.112 (2) (j) Recall of board members for guidance on how to remove a board member

In Florida, Board members can remove another Director or Officer by majority vote. The membership can also do so by follow the statute relating to "recall".

Our board went through this a few years back. Depending on the By Laws of the association, it could just require a quorum of unit owners to reject a board member. If that happens, a few things to make sure of: It must take place at a meeting that is officiated by the current board. In other words, you as a unit owner can't just call a meeting and hold a vote. If that were to happen, the board could claim that the vote is nonbinding and void. Also, if your association has a relationship with a lawyer (specifically one with condo law experience), have the lawyer present at the meeting. He/she can make sure the vote is done properly. In such a case, it's important to remember that the lawyer works for the association (i.e. all the homeowners) and not just for the board members. Finally, it must be understood that the vote to discharge the existing member must be taken separately from the vote to appoint a new board member. Oh, also, and this may depend on local laws, but in our case unit owners were able to vote on either removing the entire board, just one board member, or a number of board members, but votes against each board member were tallied separately and only the one(s) with a quorum of votes against were removed.

Most recalls fail because unit owners attempt to recall by vote at a meeting which the current board is present and those who show are intimidated by the seated board members. 
 
According to Florida Statutes if the membership wishes to recall a member or member(s), they can do so by written agreement. Once you have majority of the voting membership signatures and votes, you send a copy of these to the seated Board. They have 5 days to hold a meeting certifying or rejecting the recall. If they fail to hold the meeting there are certain procedures which must be followed. You may have to file a recall arbitration complaint with the DBPR. Good luck there. 
 
I have led 3 successful recalls in 3 different associations and have been successful using the written recall procedure. Most of the recall arbitration decisions and mistakes can be found here....http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationResearch.html  
 
Make sure to use the choices under "Recall Arbitration Final Order Subject Matter Indexes" 
 
Recalls are mainly lost due to using non-owner signatures and boards dragging out the recall arbitration process into the next election after which the recall becomes moot. 
 
Here is a link to the recall form http://www.myfloridalicense.com/dbpr/lsc/documents/recallsample.pdf

There used to be a "guide to recall" on the DBPR's webiste, but in their goal to "regulate fairly" and keep members owners in the dark so they can avoid regulating fairly, they probably removed it.  
 
The main ideas which were in this guide are posted here http://www.tvg3.com/id51.htm 
 
More specific laws in Florida for recall in condominiums are covered under Florida Administrative Code 61B-81.003 "recall by written agreement" and found here http://www.myfloridalicense.com/dbpr/lsc/documents/CONDORULES121009.pdf  
 
Hope this helps.

We are in Mississippi and our board had a vote for new members at our annual meeting.Only 20 showed up. Well two people volunteer to be vp and secretary(husband and wife). I did not na this but days later found out that they rent in our neighborhood and had been claiming that our pool was their and now I found out she will be in charge of renting out our clubhouse. I have some neighbors who were not at the meeting because they held it at springbreak. Would have serve on the board. Is there anything we can do about this?

Our problem is that we have a board member that totally disregards the chairman. We just voted in a new board on June 7th and we cannot function as this person is calling all the shots-she continues to make demands which are self serving-she violates our laws at times-now she has stepped down as treasurer but still a non-positioned board member but holding hostage the treasurers records and in fact is doing the work of the treasurer although advised by the new chair that she cannot function as one. She will not hand over the records unless she has a quorum of the board to witness which keeps falling through and now she won't hand it over unless there is an outside audit of the records.  
An audit is not unreasonable but should not need it from an outside source which could cost $1000.00. There are 2 residents in our HOA who are CPA's and could do this but she is refusing. The person who was our new Treasurer has quit the board as she was also trying to call the shots and did not want to vote on anything-it was her way or no way.(She is friends with the former Treasurer.  
So now we have a broken board-we have no Secretary and no Treasurer and a former Treasurer who won't give the records to the Chairman even after 4 requests. No one is willing to make the quorum to try and comply with her demands-so now what?  
There are those that want back on the board but how do you do that? There is nothing in our bylaws that give us any direction.

Send her a certified letter demanding the return of all association property (including the records) in her posession within 48 hours. She has no right to demand a quorum. If she wants a receipt for what is provided -- do that. When the new Board took over and/or she relinquished her position, you should have written the letter then. 
 
If she does not return the records, call the police and report it as stolen property. 
 
If they won't get involved, sue her.