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We have a petition to remove three condo association board members

Posted on Tue, Mar 22, 2011 @ 08:39 AM
  
  
  
Some unit owners in my condo association have gathered enough signatures to call a special meeting for the removal of three board members. The secretary was sent the petition to call a special meeting. The secretary ignored the petition so after 15 days the unit owners sent out a notice by mail/hand delivery to all unit owners regarding a set day to vote. The ten day period was inclusive in setting the date.The current president is stating the meeting is illegal and plans on not opening the unit owners meeting room door. Can anyone give some feedback?

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COMMENTS

Which state are you in?

posted @ Tuesday, March 22, 2011 10:04 AM by Richard


VIDEO TAPE IT! Then petetion the court for breach!

posted @ Tuesday, March 22, 2011 10:24 AM by amanda


First thing to do is get a lawyer experienced in condo law

posted @ Tuesday, March 22, 2011 10:37 AM by


Your state condominium law should hold your answer. Simply put (Name of stae)condominium act into your browser and it shall pop up. Refer to appropriate sectyion on board member recall and special meetings.You may well be able to advise your President that he is on verge of violating state law and if he does so his imunity vanishes.

posted @ Tuesday, March 22, 2011 10:41 AM by Scott


In Florida it is a very exacting proc ess - a petition would not work. As long as it does not fully comply with the statute (in Florida) the Board can ignore it. If you have a DBPR for your state they likely can give you some guidance

posted @ Tuesday, March 22, 2011 11:05 AM by Condo Bob


Not sure if you're in florida, but in Florida you can perform a recall in two different ways.  
 
You can get enough owners signatures to petition the Board to have a recall meeting (which sounds like your issue). This method is not usually as successful in completing a recall. 
 
 
Or you can perform a recall by ballot. 
 
Usually the most successful recall campaigns are by ballot, as there is no pressure on anyone until the recalled board is served with the ballots which effectively recall them.  
 
The DBPR in Florida has some very interesting information on their website, and even provides the forms which must be used in order to do so. 
 
Recall by ballot:  
 
http://www.myfloridalicense.com/dbpr/lsc/documents/recallsample.pdf 
 
 
Once you have served the board with a copy of the signed recall ballots, the Board would have 5 business days to hold a meeting to certify the recall or not certify it. If they fail to do so, or if they fail to certify your recall, you could file a petition for arbitration. 
 
That form is found here: 
 
http://www.myfloridalicense.com/dbpr/lsc/documents/recall_petition_form.pdf 
 
I have successfully managed 5 different recalls.

posted @ Tuesday, March 22, 2011 11:13 AM by Joyce Nord @ bestcondomanager.com


We are in Missouri. Our "board" consists (they say) of 5 people. Actually 2 run the "board". They do whatever whenever. This week.. They came oout and cut 8 buildings cable wires!! Said they had been "trying to get in touch" with the cable companies since 1992!! No warning. nothing. costs us to have them reconnected. Never any communication. Never have been allowed to vote on anything. Everyone is angry and we do not know what our rights are. We want communication.. not weekly surprises.

posted @ Thursday, March 24, 2011 8:02 AM by Cheryl


If you do a recall do you need to have other people in place to take over the board? Is there a vote taken at that time? We have some funny business going on in our complex. I have read our condo asso. attorney's ste on the enternet. Our board does not follow any of the attorney's advise. They do as they please. They work with threat and deceit and fear. How proud they must be of themselves. Power usually goes to peoples heads.

posted @ Saturday, March 26, 2011 8:42 AM by l


That would depend upon your state laws and condo docs. 
 
In Florida if you're recalling by written agreement (ballot), then the names of those you want to replace the individuals with would be on the ballot. 
 
If you were attempting to hold a meeting to vote off the individuals and you did not recall all of the directors, then the remaining director(s), even if it were only 1 would do the appointing of new directors of their choosing.

posted @ Saturday, March 26, 2011 9:49 AM by Joyce Nord @ bestcondomanager.com


We have a condo in FL and have just got together a petition to recall the entire three person board. We already have around 20 ready to sign. The person who will collect the petitions does not want to be called the homeowners rep- he will only collect the petitions and hold them. We have worded the homeowner rep section to read only the following: "XXX XXX will accept the petitions by mail or in person and hand them over to the recall committee." We Just want to make sure that wording is ok. There are only six full time residents in our small 65 unit complex and he wants to help but not take on the responsiblity of the homeowners rep. We plan to have a meeting when most of us get there for a scheduled meeting in a few weeks and decide then who will open them up and make copies to serve to the board. 
 
 
 
 
 
Do we need to mail the recall petition to everyone- including those we are recalling?  
 
 
 
Should we hire just a process server to serve the copies? 
 
 
 
We expect a long nasty fight on our hands.  
 
Thank you!

posted @ Saturday, April 16, 2011 2:06 PM by kit


can we file petition to compel the condo board to submit and or approve a balanced budget?

posted @ Monday, February 06, 2012 7:34 PM by abe salem


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