Question: I am the president of my condominium association and I have decided that we should fire our secretary. Do I have the authority to fire the secretary or is this something that should be voted on by the board of directors? (E.P. via e-mail)
Answer: The president of the association, as an officer, generally would not have the authority to “fire” another officer. Rather, officers are typically elected by the board of directors and serve at the pleasure of a majority of the board of directors. As such, a majority of the board of directors would have the authority to remove the secretary or any other officer from his or her office by a majority vote of the board.
However, please note that removing an officer from his or her office is significantly different than removing someone from the board of directors entirely. The officers of the association are usually elected from the members of the board of directors. Accordingly, while a director may be removed from his or her office, such as being removed as the secretary or treasurer, he or she could not be removed from the board of directors by a board vote. The authority to remove a person from the board of directors is reserved to the members. Both Chapter 718, Florida Statutes, the Florida Condominium Act, and Chapter 720, Florida Statutes, the Homeowners’ Association Act, provide that a majority of the members have the authority to recall a sitting director and may recall a sitting director for any or no reason.
Therefore, the president alone would not have the authority to remove another officer. However, a majority of the board would. Again, the individual would remain on the board of directors as it would require a membership vote to recall a sitting director.