Attorney
Whether you are on the Board of a Condominium Association that is not functioning well due to a rogue Board member or whether you are a member of an Association on the wrong end of a dysfunctional board, the challenging issue of board member removal may have to be considered. This article serves as a primer for the procedures under Chapter 718 which are required for a board member to be removed. In addition to this information, you will want to have an attorney review the recorded declaration of condominium as well as other information pertinent to this very serious undertaking.
Florida Statute § 718.112(j) details how the membership of a condominium association can seek to remove a board member. There are two options to starting the recall process: 1) 10% of the voting interests can call a special meeting of the unit owners to discuss and vote on the recall of certain board member(s), or 2) a majority of all voting interests can propose the recall in writing and serve the agreement on the Association.
To proceed with Option 1, the members comprising of the minimum 10% must notice the meeting in accordance with the Association’s notice requirements and state the purpose of the special meeting (please note that electronic transmission of such notice is specifically prohibited by the Statute). At said meeting of the membership, a vote should be taken on the recall and, if a majority of all voting interests approve of the recall, the board shall then duly notice AND hold a board meeting within five days of the vote to either certify or decline the recall. Further specific instructions on this procedure are detailed in the attached copy of Rule 61B-23.0027, Florida Administrative Code.
If you already know that a majority of the voting interests approve of the recall, you can instead proceed with Option 2, wherein a written agreement of the majority of the membership voting interests must be served on the Association via certified mail or by personal service via a process server. Then, within five days of receiving the written agreement, the board must duly notice AND hold a board meeting to certify or decline the recall. Details on how the written agreement should be drafted and submitted are included in the attached copy of Rule 61B-23.0028.
Upon certifying the recall under either Option 1 or 2, the board member shall be recalled effective immediately and shall, within 5 business days of the board meeting, turn over any and all records and property of the association. If the recall is not certified, the Board must file a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.
Though a recall of a board member may be certified by the Board, the recalled board member has the right, pursuant to Florida Statute 718, to file a petition for arbitration within sixty (60) days after the recall is certified to challenge the validity of the recall.
Whether you are a board member, association member, or a manager and you need additional information regarding this topic, please email Boatman Ricci at info@boatmanricci.com and we will be happy to provide further information and/or assistance.
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