Recalling the Condo Board - Florida Statute
Are you and other residents ready to "recall" the current board? This process is not as easy as you'd think. Yes, it can be done; and it can be successful. You'll need the proper guidance and have the ability to follow through with the process. The complications come when only select parts of the process are followed. Many wishing to recall their board only read part of the process and assume that the failure of their attempt was that the current board sabotaged their efforts.
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One major aspect of these efforts should be civility. It never builds your credibility when you start the name calling and slandering. Cursing and the "no holds barred" mentality can work against your efforts. Also, be very much aware that simply because there is a recall effort, owners do not have the right to post notices and deface the common areas. Of course you will have a campaign for your cause but it must be done without violating current rules at your property. Do not be surprised if posters that you put up, are removed by management or current board members. If you are serious about devoting yourself to a successful recall, follow the guidelines provided by the Department of Business and Professional Regulations (DBPR).
There are two ways to recall one or more board members. Recall by Vote at a Meeting or Written Recall Agreement.
RECALL BY VOTE AT A MEETING
The procedural requirements for a recall at a meeting are challenging and complex. Therefore, a recall at a meeting is seldom successful and owners are strongly discouraged from attempting a recall in this manner. This is the process that is sometimes confusing because it states that a petition with 10% of the owners' signatures is required. The 10% requirement often leads owners attempting a recall to believe that is the sole requirement. This is certainly not the case.
WRITTEN RECALL AGREEMENT
The requirements for a recall by written agreement are contained in Rule 61B-23.0028 of the Florida Administrative Code. A “written recall agreement” simply refers to separate recall ballots signed by Unit Owners that are served together on the association. It is highly recommended that the Division’s approved form recall ballot be used. When filled out as indicated, the Division’s form ballot will be accepted by an arbitrator as meeting the technical requirements found in the applicable statute and rule regarding the form of the ballot. This information (link at myfloridalicense.com ) assumes that the Division’s form ballot is being used. Once the ballots are collected, the ballots are to be served on the association together, forming the written recall agreement. Sometimes, some ballots will be found defective. Therefore, as many ballots as possible should be collected in order to ensure that a majority vote is obtained. Additional ballots may not be added to, or submitted ballots removed from, the recall effort after service of the written recall agreement (ballots). The written recall agreement may be served by certified mail or by personal service on any officer of the association, the association manager, a board member, or the association’s registered agent.
I am not an attorney and advise you to seek legal counsel whether you are on the petitioning side or the board during this process.