Recall Agreement

With the recall by written agreement or by vote of the owner, a member of the recalled board of directors must hand over to the board of directors, within 10 full working days after the vote, all documents and assets of the association that are in their possession. If the Board of Directors does not notice or hold a board meeting within 5 full business days of notification of a written agreement or after the postponement of the recall meeting of the unit owner, the recall is considered effective and the recalled board members are returned to the Board of Directors within 10 full business days of the vote. The Condominium Division will not accept a recall petition if there are 60 days or less before the scheduled re-election of the board member. If the House does not notice or hold the necessary hearing or finds at the end of the session that the recall has no visual effect, the representative of the unit owner may file a petition challenging the board`s inaction or challenging the board`s decision on the validity of the facial treatment. The petition must be filed within 60 days of the expiry of the full 5-day working period in force. The review of an application from the Condominium division is limited to the sufficient provision to the board of directors and the validity of the written agreement or ballot papers filed. What option do you have if your Board of Directors of the Homeowners Association has directed itself in a way that your community thinks it is not in its best interest? Depending on the electoral conditions and cycles, you may not want to endure years of poor decision-making or inaction. While insulting decisions of the board of directors cannot rise to the level of criminal action or violation of its fiduciary duty, like a group of unit owners, you only want them! Condo owners in Florida have options. Section 718.112 (2) (d) of the Florida Condominium Act stipulates that any board member may be removed from office, with or without reason, by vote or written approval of the majority of all electors, with or without reason. This blog will discuss options for the unit owner to recall members of the condominium board.

All termination and quorum requirements for a recall must be carefully met. A special meeting of the owners of the recall unit of a member or member of the board of directors may be convened up to 10% of the voting interest that explain the Assembly as necessary for a meeting of the owners of the unit (i.e. 14 days), and the notice indicates the specific purpose of the meeting. The email should not be used as a method of announcing a recall. Recall is permitted to the majority of all voters (51%) the recall takes effect by a vote during a meeting. Subsequently, the Board of Directors must inform and hold a board meeting to remove one or more board members within five (5) full business days after the postponement of the unit owner`s meeting. The recalled board member is recalled with immediate effect at the end of the board meeting, provided the recall has an effect on the face. If the proposed recall is carried out by a written agreement with the majority of all voting interests (51%), the written agreement or a copy of it must be provided to the association by authenticated mail or by personal service by the process server. The Condominium Division maintains a reminder of form through a written contractual document that should be used. The Board of Directors must then inform and hold a board meeting in writing within five (5) full business days from the notification of the agreement. These members or members are recalled with immediate effect after the close of the office meeting, as long as the recall is effective.