Question: I would like to know about the process for recalling the board of directors. What percent vote is needed? R.J (via e-mail) Answer: A majority of the association’s total voting interests must vote to approve the recall for it to be effective. Generally, each unit or parcel has one voting interest. If the declaration,… Continue Reading
Question: A unit owner in our condominium volunteered to serve so that a full board could be seated. She was appointed to the board and then appointed vice president. Since being seated, she has done nothing but cause irritation to the others on the board. She will ask totally irrelevant, off-task questions during meetings. Answering… Continue Reading
Question: Under what conditions can a recalled board member of a homeowners’ association run for the board at the next regularly scheduled election? P.C. (via e-mail) Answer: There is nothing that prevents a recalled board member from running for the board at the next regularly scheduled board election. The only criteria that would prevent any… Continue Reading
Question: Can you clarify the law regarding board members having to turn in association records after going off the board? I am being asked by our property manager and president to turn in any association paperwork in my possession. I am getting off the board after several years. R.I. (via e-mail) Answer: The statutes applicable… Continue Reading
Question: You mentioned in a recent column legislative changes that had to do with the procedures for recalling a condominium board member. Could you clarify what those changes were? Our documents are quite clear on the number of signatures needed to call an election, and that the board member can be removed by a majority… Continue Reading
A board member may only be removed by a vote of the owners pursuant to the recall provisions of the Florida Condominium Act. The board of directors does have the authority to remove a director from an officer position.
There are different laws governing condominiums, cooperatives and homeowners’ associations in Florida. This post explains a few of those differences.
Board members can catch a lot of heat if the community pool closes, especially in this time of the year. We first explained the Virginia Graeme Baker Pool and Spa Safety Act in Many Florida Condos & HOAs Must Comply with Pool & Spa Safety Act and then re-addressed issues concerning community pools in the following posts: Community Pools… Continue Reading
While the recall process is widely known, many community leaders are unaware of a process authorized by the Division of Florida Condominiums, Time Shares and Mobile Homes referred to as a “reverse recall”. A recall attempt may fail if the Board of Directors does not handle the recall effectively. In many instances there is a… Continue Reading