Condo Association Management Blog

This would be what is called a "recall" of the entire board. Your bylaws are no different than other bylaws. You need at the very least the signature of the majority of the members of the association. Majority means  
 
50% + 1. What state are you in ?? Have you checked your state laws regarding community associations and recalls ?? Here in Florida you can file your petition with an agency of the state. You just use the official forms and follow their guidelines. Do not bank on the association's attorney to assist you. He represents the association as a legal entity in your state. These attorneys prefer to deal with the board and avoid homeowners like the plague. If necessary, you may have to hire your own attorney to guide you and assist you.

In NJ you need 2/3 of the homeowners to vote the board off.

dowload your state's condominium act put "(state name)condominium act" into your browser. You'll find the answers to your questions in this law.

Susana, You said you are from Flordia. You just asked this person what state they are from? Which can change any of the questions & anwsers. Then you go on to say, He (meaning the association attorney)represents the association as a legal entity in your state. How did you come up with that. Now you sound like my board and management company. Double talk.

Leah, I do not appreciate your "double talk" accusation.I am afraid you have no idea whereas I am a licensed professional association manager, and member of the National Community Association Institute. What I said is a fact. Believe or not, as a general rule nationwide, association attorneys represent the association, not the individual owners.

I comopletely agree with the oprvious post referring to Condo lawyer representation.

All I was saying is you ask what state they were from, and then said in their state the attorney represents the association. How do you know?

ALL, the reason I am using my valuable time to post here is that I find that there is way too much misinformation and too many myths floating around on this blog. People only want to hear what they want to hear. In too many cases reality does not match their misconceptions and they get frustrated. That is why reviewing governing documents and state laws is crucial. The association is a legal entity and its Directors and/or Officers , whether elected or appointed, are the legal representatives of the association. If a homeowner sues the association, the attorneys will defend the association and its directors in Court against the homeowner. It may not be the way you like it but that is the way it is.

First of all I want to say that Susana is right on!! No matter what state you live in, the assn attorney represents the board and not the members. 
 
 
 
I agree that many of the people who come to this forum to ask questions are really in the dark about assn living. It's crucial to know what your gov. docs. say and also what state laws the assn may also have to abide by. And it would be a tremendous help for those of us who want to give our opinion if we knew what state the OP was from. Many of us have taken the time to research statutes from other states and can give a much better answer if we know where you are located. 
 
 
 
To the OP: 
 
 
 
You state your bylaws state you must "collect enough signatures to call for a special meeting" so that is the first step that must be taken. Write up a petition outlining the reasons why you want to recall one or more members of the board. Take it around to the membership to gather the required number of signatures, actually it's a good idea to collect more than is required and only collect one signature from each unit/lot. Then present the petition to the BOD and ask that they call a special meeting for the members to vote on the recall. Check the bylaws to see what the requirements of the board are after they receive the signed petition. Also, it would be a good idea to check out your state Condo laws to see if there is a statute dealing with recalls. In most instances the state law will trump what is stated in the assn's gov. docs.

Mary, great post. Now, as to the phrase "collect enough signatures" that is the OP colloquial words. I very much doubt the Bylaws or state laws do not specify either a number or percentage.

I am not a Board member yet, but am a member of CAI and have a certificate as a Certified Manager of Community Association. 
 
 
 
To remove the entire Board is an easy process. The wording will be in your Bylaws and under the Article pertaining to Meeting of Members. The first step is gathering the required signatures for the petition to call a Special Meeting of the Members. which is generally 5% of the voting membership. The petition once signed is given to the Secretary of the Association and the Board has a specific number of days in which to schedule a meeting. If they don't, you as a member can schedule such meeting and be in charge of the meeting.  
 
 
 
Because of quorum requirements for holding a Special Meeting, which generally is a majority (more than 50%) of the voting membership, you need to have your slate of candidates ready to run. The ballots will give the members the option to say yes or no to recalling the Board and also a section in which to vote for a new Board. It made be that some or all of the old Board will run, which is legal.  
 
 
 
Make sure that you have the support to seethis through as it may required you to go door to door to gather ballots and/or proxies. The last thing you want is to start this process and fail, as failure could be costly. 
 
 
 
We had a professionally licensed property manager who had the same attitude as one of the posters here and tried to change the outcome of our elections . In one month it will have cost them their job.  
 
 
 
Good luck to you.

Your assumption of the content in the bylaws may not be correct. I agree that the process should be in the bylaws but may not have been included. If there are no applicable provisions in the bylaws I'd suggest reviewing your state's condominium act for rfeklated dictates. In any event its is not an easy process by any means. Running an active campaign to elect new board members sometimes is a quicker and safer route to go.

That is what the Bylaws are for. Your State's Condominum Act is not the answer, as some are covered by an Homeowners Association, such as Florida and are different in their language. I do know the ease of recalling a Board, as I just did it.

To the original poster 
 
 
 
Please, cut and paste the section of your condo bylaws about removing directors, and indicate in which state you are. This 2 elements are crucial before anyone can offer further opinions.

Richard, I quote you "....it may be that some or all of the old board will run, which is legal." Are you kidding me?? Why the recall on the first place ?? In which state do you practice the profession ?? In FL, if you are recalling the entire board you need to have enough new candidates to meet the number of Directors required by your Bylaws. If you are only recalling 1 or 2 Directors then you only need eliligible candidates to fill those seats.

Not I am not kidding you. I live in Californiaa and I have read more CCR's and Bylaws than you have. Under most older Bylaws, there is a provision that make it nearly impossible to recall less than the entire board. This was put there for the benefit of the builder/declarant. Just because a Board member is being recalled, they may still be eligible to run. The job of the recall committee is to sell their slate of candidates. Didn't say it was fair, just legal.

The CA method is news to me. The concept of a recall came about in FL years ago particularly for condos with new provisions to the Statutes passed by the Legislature and signed by the Governor. Old or fairly new Bylaws in FL do not have such thing as recalling developer controlled boards or directors. Recalls only happen much later, after transition from developer.

Interesting discussion! We have very similar situation in our condo were most of the owners (80%) agreed to recall BOD, however they also signed that they don't want anyone on BOD and that all decisions will be made by vote of at least 60% of condo owners?! We are in NY. I wander if it's legal? Don't we have to have a president, treasurer under the state law? What to do if most of the owners (total 20 units) want to run association without BOD? Thank you all for advise.

I have read Section 718.112 of the Florida Condo Act and have no clue to what they are saying as it relates to recalling Board members.

Richard, welcome to the club! In FL more often than not you need to seek the opinion or interpretation of 2 or more attorneys to decipher the convoluted language of our Statutes thanks to our Legislature. 
 
I know that CA laws are a lot more straightforward and less cumbersome. As far as your comment that you have read more Bylaws and CC&R than I have is irrelevant. 
 
You have seen nothing yet until you practice in FL. 
 
 
 
Leo, have you bothered reading your governing documents ? It will be best if you copy and paste here the article in your Bylaws that addresses number of directors. State laws do not always trump governing documents.

Susana, thank you for your reply. Yes I did look in Bylaws. This is from the book: "...The principal officers of the Condominium shall be the President, the Vice President, the Secretary and the Treasurer..." However 75% of unit owners signed petition that they don't want principal officers at all and that they want to make all decisions by vote of at least 60% of unit owners. Current BOD agreed to resign, but no one wants the replacement. Looks like chaos. Not sure what to do. 
Thanks, 
Leo

Leo, what does it say about amending Bylaws ? I hope your association is abiding by Bylaws requirements, and following the guidance of an attorney. I would think that any legitimate amendments to Bylaws in NY, like in most places, have to be filed/recorded with the state.

Susana, 
Bylaws state that by 80% of unit owners amendment can be done to it. We don't have an attorney - association wanted to keep costs down.

Well, there are amendments and there are amendments. I think it is a mistake not to hire an attorney. Getting rid of Directors who are the legal representatives of the corporation and association sounds bizarre to me but perhaps is not unsual in your state. Don't associations have to incorporate in NY ?? In this particular scenario your state laws might override what your board is trying to do. Check your state laws.

That 80% requirement may be in conflict with the provisions in your state condominium law. Best check. Condo Law prevails if bylaws conflict. Most states require 66.23% majority vote for approval of by law changes.

Leo. You best read your state condo law. You;ll find you must ghave a board of directors and the percentages you cite you'll find are in clonflict with the state law specifications. You should have had a sdlate of candidates selected before you started this removal action. I have never dealt with the situation yiou now face and can only suggest you need expert advise from an appropriate attorney or a professionally certified facility manage. The prefix "profesionally" is mandatory. An individual with CAFM after their name is not acceptable.

Thank you Charles for your comments. I also think this case must be State regulated since condo association is registered as a corporation and it should have a governing members - officers.

Susana 
 
 
 
I posted a section of the Bylaws for a Condo in Florida. Their procedure when a director is recalled is to allow the remaining Board members select a new Director.  
 
 
 
If a vacancy occurs on the Board as a result of a recall and less than a majority 
 
of the Board members are removed, the vacancy may be filled by the affirmative vote of a 
 
majority of the remaining directors, notwithstanding any provision to the contrary contained 
 
in this subsection. If vacancies occur on the Board as a result of a recall and a majority or 
 
more of the Board members are removed, the vacancies shall be filled in accordance with 
 
procedural rules to be adopted by the division, which rules need not be consistent with 
 
Section 718.112(2)(j), Florida Statutes. The rules must be provided procedures governing 
 
the conduct of the recall election as well as the operation of the Association during the period 
 
after a recall but prior to the recall election.

Richard, what are you trying to say to me?? You can't take a paragraph out of context. Depending on the circumstances, a Recall can end up in arbritration by the State. 
 
 
 
Florida Statute 718 (120 pages) governs condo associations whereas FS 720 governs HOAs. FS 720 (38 pages) is not as stringent as 718, and certainly less cumbersome. 
 
 
 
For all of you, this is what FL Law says about Recalls in Condos. This is a direct quote from the FL Senate website. In Recall cases the Statute trumps association's governing documents. 
 
 
 
QUOTE 
 
 
 
j)Recall of board members.—Subject to the provisions of s. 718.301, any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. A special meeting of the unit owners to recall a member or members of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of unit owners, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose. 
 
 
 
1.If the recall is approved by a majority of all voting interests by a vote at a meeting, the recall will be effective as provided herein. The board shall duly notice and hold a board meeting within 5 full business days of the adjournment of the unit owner meeting to recall one or more board members. At the meeting, the board shall either certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph 3. 
 
 
 
2.If the proposed recall is by an agreement in writing by a majority of all voting interests, the agreement in writing or a copy thereof shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure. The board of administration shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. At the meeting, the board shall either certify the written agreement to recall a member or members of the board, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in subparagraph 3. 
 
 
 
3.If the board determines not to certify the written agreement to recall a member or members of the board, or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the division a petition for arbitration pursuant to the procedures in s. 718.1255. For the purposes of this section, the unit owners who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any member or members of the board, the recall will be effective upon mailing of the final order of arbitration to the association. If the association fails to comply with the order of the arbitrator, the division may take action pursuant to s. 718.501. Any member or members so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days of the effective date of the recall. 
 
 
 
4.If the board fails to duly notice and hold a board meeting within 5 full business days of service of an agreement in writing or within 5 full business days of the adjournment of the unit owner recall meeting, the recall shall be deemed effective and the board members so recalled shall immediately turn over to the board any and all records and property of the association. 
 
 
 
5.If a vacancy occurs on the board as a result of a recall or removal and less than a majority of the board members are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection. If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this subsection. The rules must provide procedures governing the conduct of the recall election as well as the operation of the association during the period after a recall but prior to the recall election. 
 
 
 
(k)Arbitration.—There shall be a provision for mandatory nonbinding arbitration as provided for in s. 718.1255. 
 
 
 
END OF QUOTE

In case you are not used to deal with lawyers or, you are not familiar with legal terminology, MAY (meaning it is possible)is NOT the same as SHALL.

The quote was cited and the word "shall" used. Do you have aproblem with that??

Richard, associations have Bylaws in their Declaration. Laws are laws. You said "I posted the Bylaws..." 
 

My comment was that if A director is recalled the Board can or may, appoint a new director. If a majority or all the Board is recalled, a different procedure shall be used, or arbitration is used. 
 
Surprisingly, I do know how to interpret legal terminology. 
 
 
 
In California, if a Director is recalled, an election is first held, before the Board has an opportunity to appoint. 
 
 
 

Charles, I did not see your post. Are you talking to yourself ?

I do know the difference between Bylaws and CCR's. Some of the language in the CCR's can be found in the Bylaws as it pertains to the operations of the Association.  
 
 
 
The section I posted was from the Bylaws of Harbor Point Condo Association in Titusville, Fl.

Richard, my posts are not for your eyes only or, for a particular individual set of eyes. It is for everybody who cares to read this blog. There are hundreds of folks browsing this site at all times who are average homeowners and not board members nor in the business of association management.

Richard, this is for your eyes only, and I am quoting your October 26 post. 
 
 
 
"To remove the entire Board is an easy process. The wording will be in your Bylaws and under the Article pertaining to Meeting of Members. The first step is gathering the required signatures for the petition to call a Special Meeting of the Members. which is generally 5% of the voting membership. The petition once signed is given to the Secretary of the Association and the Board has a specific number of days in which to schedule a meeting. If they don't, you as a member can schedule such meeting and be in charge of the meeting" 
 
 
 
Your statement does not aply to every state and every association. You made sound as if it is "ready to wear" when it is not. Charles Adler challenged your statement. What goes on in California does not apply to all states, and not all Bylaws have a stipulation for removal of Directors. As a CMCM you should be more careful with your generalizations.

What is a CMCM?? I really think you need to re-educate yourself and Charles..well...he needs to stop telling everyone to check their State's Condo Act, and spell check his post before sending. Many states have multiples acts that have to be looked at.

Which is more pertinent-my spelling or reading the law?

Richard, I hate to say this but you are showing a total lack of professionalism. I quote you "I am not a Board member yet, but am a member of CAI and have a certificate as a Certified Manager of Community Association." I thought you meant you hold de CAI denomination of CMCA (Certified Manager of Community Associations.)  
 
 
 
Commnets such as this one are disgraceful "We had a professionally licensed property manager who had the same attitude as one of the posters here and tried to change the outcome of our elections . In one month it will have cost them their job" Please, do everybody a favor and refrain from any more nasty comments and misleading statements.  
 
 
 
 
 

Disgraceful, nasty...really?? And exactly where am I misleading.

What do you do with a board that doesn't even follow it's own by-laws. Our board has decided to take the vote for election mailed to a CPA instead of in person at the annual meeting as stipulated in our by-laws. PS susana, I hear everything your saying. Thanks

Sheena, thanks for the positive comment. Are you the original poster ?? In what state are you in ? Can you copy and paste the article in your Bylaws that addresses elections ?? We do not have crystal bowls here nor can we read minds :) :) :)

This is a repeat of a previous poost. If your facility is in the state of Florida contact your Florida Departent of Business and Professional Regulation. They will send you,at no charge, a CD Titled, " Condominium Educational and Reference Materials (rev 6/2010). It will explain in layman's english what your state laws are and will provide the answers to many How Do I--- questions.

can we remove the entire board at an annual meeting without having a petition? The CCR's and Bylaws do not say, I live in Washington state

A CAI certificate i notn an indicator that the individuakl possess any knowledge nor exerience of note. It is available to anyone upon payment of a fee and a commitment to becoming qualified and further signuing an ethics commitment.

I am a board member at a condo assication afew weeks ago I worte a letter of regisnation, one day then changed my mind the next day in aletter to re-instate me. THE BOARD IS MADE UP OF three os and we are the officer becaause no one will stand. ONE of the board will not llet me backTheother wants me back .NOW what?