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Subject: recall of BOD

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DarcyC
(Florida)

Posts:22

06/11/2006 8:00 AM
We are recalling the BOD of our association. We have the majority needed and would like to serve them in person and also by registered mail. Is there anything against the rules in doing so. This is in Florida. Although we have never recognized them as an official board due to the way the election was executed we feel that by doing a recall we have covered all our bases. If they refuse to certify the recall and take the next step to arbitration even if it was found the election was by some stretch of the imagination legal they would already be recalled making it a moot point. Does this make sense? Out of 37 voting interests we have 20, those opposed are 5 voting interests out of the 5 two own 2 lots thus 4 votes. The others could not be reached and one does not vote due to religious beliefs. DarcyC

GeraldT1

Posts:0

06/11/2006 8:09 AM
DarcyC - Is 54% of the community enough? You may need 2/3rd's to overturn the whole board. Seems you have enought to call for a special meeting of unit owners, so you may want to explore getting rid of one or two BOD members starting from the top down. Gerald

JulieS
(Georgia)

Posts:412

06/11/2006 9:16 AM
Why do you believe, or what makes the election unofficial and invalid?

RogerB
(Colorado)

Posts:3726

06/11/2006 9:18 AM
Darcy, as long as you follow your By-laws it makes sense to me. I would make to have a signed petition which has sufficient unit's signatures to call the special members meeting (often 20%). And the petition should state the purpose of the meeting is to consider removal of each of the Directors and if any Directors are removed then to elect Director(s) to complete the remainder to the term of each Director who is removed. The Special meeting will require quorum and will define the percentage needed to approve each motion. This info should be in your By-laws. Often a quorum is 20% and approval of a motion is 50+%.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

DarcyC
(Florida)

Posts:22

06/11/2006 11:52 AM
Hi Julie, Its kind of a long story but in summary at our annual meeting in Feb. we ran out of time for all the things we wanted to discuss before we ended the meeting I asked if there were any volunteers for the BOD as I do every year nobody volunteered, no need for an election the same 3 remained as has been the same for the past 3 years. On leaving someone suggested meeting in April to discuss landscaping and information on a management Co. no firm date was set and there was no continuance announced or filed in the minutes. I put out a notice that we would have a special meeting on may 11th to discuss landscaping and receive info on the management co.At the last minute the two other board members were called out of town and could not attend. I held the meeting anyway,2days prior to the meeting at the request of a homeowner, I sent her a copy of an agenda,which we really did not need but she insisted on it, to save time I sent her a stock agenda forgetting to delete the election portion.So the only members at the meeting were a few of disgruntled owners. They became abusive to I closed the meeting, after leaving they elected themselves to the board.

DarcyC
(Florida)

Posts:22

06/11/2006 12:13 PM
We have the petition with a majority of the total voting interests as required by our by-laws for recall.We would like to serve the petition as soon as possible, should we have a meeting first? Can we serve it and then have a meeting since the recall petition stated the names of the recognized board that would or are ready to replace them. This is an unusual situation since we do not recognize this new board and they are more of an annoyance than anything. They have no books or official minutes of the meeting where they became a new board but are just circulating notices of meetings and character assassination letters in the neighborhood. This is our attempt to put the ball in their court and either petition for an election dispute and arbitration or just give it up. Otherwise I guess we can just ignore them and move on. We offered to hold a new election where everyone would be noticed properly, they have refused. They know they could only take over the board if no one was watching. Instead of following the procedures for a recall or election dispute if they were unhappy with the current board they chose to circumvent the approved procedures.

JulieS
(Georgia)

Posts:412

06/12/2006 9:13 AM
Doesn't sound like a good situation to have someone create their own board. Who confirmed the results? I would contact an attorney on the validity of the so called election. Otherwise, start the petition process ASAP and call the meeting. As for the special meeting, we went through this last year. A petition with the required 25% of signatures was delivered to my door by a bunch of angry homeowners. The board then set the meeting date (as they didn't) to coinicide with the due date of the assessments as removal of board members di calculatd by a 2/3 majority vote of the eligibile association. Myself and another were removed by the exact number of votes required. The person spear-heading the overturn knocked on doors collecting proxies from homeowners so that she could vote at the meeting.

DarcyC
(Florida)

Posts:22

06/12/2006 10:48 AM
Hi Julie, The members who elected themselves think they confirmed the results, lucky for me there were a couple of honest members present to witness the whole charade. Our lawyer suggested the recall to avoid the time and expense of an election dispute. Although we do not recognize the new board if they think they are in fact the new board they will have to follow the correct procedures. Either way they will be out. These folks know they would never get elected in a real election, hence the ambush approach was used, and to their dismay it has backfired on them. Im sure I have not heard the last of them, I have been a prime target since I moved in and replaced them as the developer appointed board 3 years ago and put and end to their empire. If they were unhappy with our present board they could have done a recall themselves but they do not have the support of the rest of the homeowners who have had a peaceful 3 years.

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