Attorney
Condominium boards play a crucial role in managing and maintaining condo associations. However, conflicts can arise when a board member is not fulfilling their duties, causing dysfunction within the association. Whether you are a board member dealing with a rogue colleague or a unit owner facing issues with a dysfunctional board, understanding the process of board member removal is essential.
Chapter 718 of the Florida Statutes outlines specific procedures for removing a board member. This guide from Boatman Ricci explains those procedures, but because this is a complex legal issue, consulting an attorney to review your association’s governing documents and ensure compliance with the law is strongly recommended.
Legal Basis for Board Member Removal
Florida Statute § 718.112(j) provides two ways for condominium association members to initiate the recall and removal of a board member:
- Calling a Special Meeting: At least 10% of the voting interests can request a special meeting of unit owners to discuss and vote on the recall of one or more board members.
- Written Recall Agreement: A majority of all voting interests can sign a written recall agreement and serve it on the association.
Each method follows specific legal procedures that must be adhered to for the recall to be valid.
Option 1: Special Meeting Recall
If at least 10% of the voting interests want to initiate a recall, they must request a special meeting. Here’s how it works:
- The unit owners calling for the recall must provide proper notice, following the association’s established notification procedures. However, Florida law explicitly prohibits electronic transmission for recall meeting notices.
- The notice must state the purpose of the meeting—removing specific board members.
- During the meeting, a vote is taken. If a majority of all voting interests approve the recall, the board must act.
- Within five days of the recall vote, the board must hold a meeting to either certify or reject the recall.
- If the board certifies the recall, the removal is immediate.
Specific requirements for this process are further detailed in Rule 61B-23.0027 of the Florida Administrative Code.
Option 2: Written Recall Agreement
If a majority of voting interests already support the recall, a written agreement can be used instead of a special meeting.
- A majority of the total voting interests must sign the written recall agreement.
- The signed agreement must be served on the association via certified mail or personal service (such as a process server delivering it to the association).
- Once received, the board has five days to hold a meeting to either certify or reject the recall.
Additional details on drafting and submitting the agreement are available in Rule 61B-23.0028 of the Florida Administrative Code.
What Happens After a Recall?
If the board certifies the recall, the removed board member must:
- Immediately step down from their position.
- Turn over all association records and property within five business days of the recall certification.
If the board does not certify the recall, it must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes within five business days to determine whether the recall was valid.
Can a Recalled Board Member Challenge the Decision?
Yes. Even if the board certifies the recall, the removed board member has the right to challenge it. Under Florida Statute 718, the recalled board member can file a petition for arbitration within 60 days of the recall’s certification to contest its validity.
Key Considerations for Condo Owners and Board Members
Removing a board member is a serious matter that can significantly impact a condominium association. If you are considering initiating a recall, here are a few essential steps to take:
- Review the Association’s Governing Documents: The condo’s bylaws and declaration may have specific rules regarding board member removal.
- Ensure Proper Notice and Documentation: Failing to follow legal procedures can invalidate the recall process.
- Consider Mediation or Legal Guidance: Sometimes, disputes can be resolved without removal, and legal counsel can help guide the best course of action.
- Follow-Up After the Recall: If a board member is removed, ensure that all records and responsibilities are properly transferred to maintain association operations.
Get Legal Guidance from Boatman Ricci
Navigating the removal of a condominium board member requires careful adherence to Florida law. If you need assistance understanding your rights, preparing recall documentation, or handling legal disputes, Boatman Ricci is here to help. Our team has extensive experience in Florida condominium law and can guide you through the recall process.
Contact Boatman Ricci today for a consultation and ensure your condominium association is managed effectively and lawfully.