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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Owner Vote Required to Remove Director; Board Vote can Remove Officer

Posted in Reader Q&A

  Question: Can a condominium board member who was appointed by the board of directors be removed by the board of directors? A.B. (via e-mail) Answer: No. A board member may only be removed by a vote of the owners pursuant to the recall provisions of the Florida Condominium Act. The Florida Condominium Act provides that any member of the board may be recalled or removed from office with or without cause by a vote or agreement in writing by a majority of the voting interests. The Division of Florida Condominiums, Timeshares and Mobile Homes has adopted a number of procedural rules that must be followed in order to effectively recall a board member. If the recall is by written agreement, a copy of the written agreement must be served on the association by certified mail or by personal service. The board must then duly notice and hold a meeting of the board within five full business days after receipt of the agreement. A board member may also be recalled at a special meeting. In that case, a special meeting may be called by ten percent of the voting interests. If the recall is done at a special meeting, the board must duly notice and hold a board meeting within five full business days of the adjournment of the unit owner meeting. At the board meeting, the board must either certify the recall or file a petition for recall arbitration with the Division. Regardless of whether a director is recalled by a vote or written agreement, if the board determines to certify the recall, the recall is effective immediately. The recalled director has five days from the date of certification to turn over any and all records and property of the association in his or her possession to the board. The board of directors does have the authority to remove a director from an officer position. The board of directors generally has the power to appoint officers, and therefore can also remove the board member from the office which he or she serves. After removal from office, the board member will continue to serve on the board, but simply as a “director.” For example, if the board member was appointed to serve as treasurer, a majority of the board can vote to remove the director from the office of treasurer and appoint another person to fill the position. The old treasurer would still be a director and continue to serve the remainder of his or her term on the board, but would no longer hold the office of treasurer.