Florida BOD Recall

Started by SureshD • 3 replies • 1123 views

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SureshD
Posts: 268

Posted:

I know this topic has been discused in ad nauseum before so I did not post the FL-720 language but let me ask as specifc question or two.

Regarding paragraph, etc.:720.303 10(a)1-

Is the "majority" cited a simple majority i.e. 51%?

Regarding paragraph, etc.:720.303 10(b)1-

Would the cited "agreement in writing" include something like a simple list of names (i.e. a legal member of each household), thier signature(s) and maybe lot #s as collected by a walk-around of the community (for example)?

TIA...Sam

DonnaS (Tennessee)
Posts: 5,671

Posted:

My opinion is

720:303 (10)a. (1) " any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

I read that as 50% plus 1

720:303 (10) b.(1) "(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof"etc

I read that as no matter how you gather the signatures.

SureshD
Posts: 268

Posted:

Thanks Donna.

I'll check in again to see if there are any other (different) opinions.

Thanks again, TNT,

Sam

MaryA1 (Arizona)
Posts: 7,043

Posted:

SureshD,

Since you're looking for another opinion, here's mine!

A majority means 50% + 1.

An agreement in writing means a document outlining the reason for the recall and affirmation that the signers are in agreement, together with the name, address and lot number of each member agreeing to the recall. If only one vote per lot is allowed, then only one member representing each property should sign the agreement.

For example:

We, the undersigned, do hereby agree that John Doe should be recalled as a Director of Shady Lanes HOA because of a breach of his fiduciary duty for failing to uphold the CCR restrictions.

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