Guide To Recall Board Members
If you are unhappy with your board members, it is not the end of the world. Owners have power to change the board.
One and most common ways to remove board members is by voting. We have elections for board members once a year. Another way to remove board members is by recall.
This option to remove board members is becoming increasingly popular in Florida. Recall can be carried out at any time. The reasons for a Recall varies from condominium to condominium but usually is because owners are unsatisfied with board members. Here are some comments collected from an attorney website:
“To all other associations, do not give up hope,” offered Ron Fernandez, who led a recall in December at Lauderdale West in Plantation.”
“At the Delray Racquet Club, a 460-unit condo in Delray Beach, owners were angry at the irrational spending and the lack of credible accounting, said Frank Harrison, who led the recall.”
“At Lauderdale West, people were fed up with the actions of this board. Registered letters were never answered, it was impossible to get to see documents and the list goes on, Fernandez said in an e-mail.”
“The board was very abusive to owners. It would not listen us, O’Boyle said of Shenandoah. Ask about budget issues and you got pushed around and were not answered directly, or you were told to go get on the board yourself. So I went out and got [more than enough] proxies for a recall.”
“They’re a farce,” he said. As [some people] will tell you, once you buy a condo in the state of Florida, you have left the United States and you are in a gulag in Russia.”
Here is the Recall process outlined.
1) Condo owners should choose an individual who will act as the unit owner representative during the recall effort. The owners’ representative does not need to be an owner, although it can be. The owners’ representative will circulate a petition for recall and collect the written ballots. When the majority of the owners interest is reached, the owner’s representative will present the recall petition to the board.
2) The board members under recall can contest and appeal to the Florida Division of Condominiums. The dispute must be on the validity of votes only.
3) To make sure the recall ballots are valid, Owner’s Representative will review them before presenting to the board. Owners have 120 days to complete the Recall process from the time the first recall ballot is signed.
4) The board can only reject if finds ballots that are not correctly filled out or signed. The board member under recall can appeal with the Florida Division of Condominiums for arbitration. If the arbitrator finds that the ballots are valid, the recalled board members have to leave the board immediately.
5) If the majority of the board is recalled, the owners must choose and identify in the recall ballot who will fill the vacancies created by the recall. Therefore, before starting a Recall, owners must find who among them would replace the board members.
If you support a recall and want to sit on the board come forward to join the Group.
The State of Florida, Division of Condominiums publishes a brochure explaining the Recall process. Click on Recall Guide for Condominiums to read.