10 Things Unit Owners Should Know About the Recall Process for Condominium Associations
Sometimes, the people who serve on an Association’s Board of Directors are not necessarily the best suited for the job. Whether it is a Board member’s failure to act in the Association’s best interest or their self-serving or, otherwise, improper conduct, unit owners are able to remove or “recall” a Board member they feel should not serve on a Board without having to wait around for the next election.
Below are 10 things unit owners should know when considering whether to remove a member of their Association’s Board of Directors.
- The requirements to remove or recall a member of an Association’s Board of Directors are set forth in Section 718.112(2)(j), Florida Statutes and Rules 61B-23.0027 and 61B-23.0028, Florida Administrative Code. Unit owners should also consult the Florida Department of Business and Professional Regulation, Division of Condominiums and Cooperatives (“Division”).
- Any Board member may be recalled and removed from office, with or without cause, by vote or agreement in writing (written agreement or written ballot) by obtaining a majority vote of the voting interests of the membership. Owners should choose an individual who will act as the unit owner representative during the recall effort.
- In order to recall a Board Member by vote at a meeting, a petition must be signed by at least 10% of the Association’s voting in order to notice a special meeting of the unit owners to recall the Board Member(s). A quorum of the Association’s voting interests (as determined by the Association’s governing documents) must be established to call the special meeting to order, and the recall must be approved by a vote of the majority of the voting interests in order to be effective.
- Once a recall is approved by a vote of the majority of the voting interests, the Board is required to duly notice and hold a Board meeting within 5 full business days of the recall vote and such Board member(s) shall be recalled effective immediately upon conclusion of the Board meeting, provided that the recall is facially valid. A recalled member must turn over to the Board within 10 full business days after the vote any and all records and property of the Association in their possession.
- In order to recall a Board member by written agreement or ballot, the unit owner representative should circulate the recall ballot forms to the membership and obtain ballots from at least a majority of the total voting interests. A margin of 5-10% over the minimum majority figure should be obtained so that defective ballots can be rejected and a majority of the voting interests may still be achieved. A sample Written Recall Agreement/Ballot form created by the Division can be found here.
- Recall ballots must be signed by each unit’s true owner and/or the individual designated on the unit’s current voting certificate maintained in the Association’s records. Once a sufficient number of ballots have been collected in excess of a simple majority, the ballots must be served on the Board via certified mail or by personal service in order to formally begin the recall process.
- The Board must duly notice and hold a meeting of the Board within 5 full business days after receipt of the written agreement/ballots. At such meeting, the Board will decide whether to accept/certify the recall or reject the recall effort. Such member or members of the Board shall be recalled effective immediately upon the conclusion of the Board meeting, provided that the recall is facially valid and the recall is certified. A recalled member must turn over to the Board, within 10 full business days, any and all records and property of the association in their possession.
- If the Board rejects the recall efforts, it must file a petition for recall arbitration with the Division within 5 business days of the Board meeting. If the Board files a petition for recall arbitration, an assigned arbitrator will review the petition to determine if the petition for arbitration presents a valid claim. At this time, unit owners voting in favor of the recall will be given an opportunity to submit written arguments in favor of the validity of those ballots rejected by the Board.
- If the Board fails to duly notice and hold the required meeting to deem the recall effective, or, if at the conclusion of the meeting it determines that the recall is not facially valid, the unit owner representative may file a petition for arbitration challenging the Board’s failure to act or challenging the Board’s determination on facial validity.
- The procedures for recall arbitration proceedings are set forth in Chapter 61B-50, Florida Administrative Code and 718.1255, Florida Statutes.