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Subject: Recall a Board Member -HELP
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BoydT
(Florida)

Posts:12


05/05/2020 7:18 PM  
Hi All,

We live in a 166 unit complex of which 70% are investment properties/rentals and most unit owners are never here and rarely vote on anything. The remainder of us do and are very active in the building.

We have an incident that occurred recently at a board meeting (via Zoom) whereby and outburst happened with a Board Member and a motion was passed to remove the board member by the Treasurer. It was seconded but the remaining 4 members 4 decided to give the member another chance.

Those of us online were outraged and are seeking to recall this board member but there is some confusion with Statue 718/720 in FL which deems us able to remove the board member for no cause either via meeting or written. I think I understand that if we notify people of a special meeting and at least 10 % of the unit owners respond and we attain a majority we can deliver that to the Board and it will suffice. However we have been told that a written ballot is the way to go but the confusion is when written its statute "majority of the total voting interests"? What does that mean. I would say that onsite we maybe have 50 unit owners of which maybe 30 are active and they all want the member out due to various other instances including the most recent. So do we have to send out notice to all 166 unit owners which in reality there are probably only 120 actual owners, as several own multiple units or do we just mail everyone and the hand deliver to the 50 unit owners onsite knowing that only about 30 will respond, does that suffice a recall if 30 unit owners vote recall at over 50%. Or do we just have a meeting with social distancing of more that the 10% in person at an emergency meeting and take that to the Board?

The Board is very new and this person kind of snuck in via some dubious votes but that is another matter. I have read the Arbitration portion of it all, the 5 days etc etc (sounds like a pain in the you know what) but we think that with the Treasurer making the motion and the 2nd being the former President our recall notice would suffice and they would acquiesce immediately. We just seek some clarity from people with knowledge of the recall process here in South Florida.

Many thanks in advance.
AugustinD


Posts:3364


05/05/2020 8:01 PM  
Please confirm:

-- Is this a condominium?

-- Does the Declaration assign each of the 166 units exactly one vote?

If this is a condominium, only Florida Statute 718 and Florida's Not for Profit Corporation Act are relevant.

Posted By BoydT on 05/05/2020 7:18 PM
We have an incident that occurred recently at a board meeting (via Zoom) whereby and outburst happened with a Board Member and a motion was passed to remove the board member by the Treasurer.
None of the above is consistent with the law. If your board thinks this motion had any legal validity, it may have bigger problems than this one director.

A vote of the membership to remove the director, with half+1 of the membership voting for removal, must happen before the board has the meeting where the director is formally removed.
Posted By BoydT on 05/05/2020 7:18 PM
I think I understand that if we notify people of a special meeting and at least 10 % of the unit owners respond and we attain a majority we can deliver that to the Board and it will suffice. However we have been told that a written ballot is the way to go but the confusion is when written its statute "majority of the total voting interests"? What does that mean.
If the Declaration specifies that each unit has one vote, then at least 84 of the 166 units must vote to recall the director.

If this is a condo, do a keyword search for "recall" at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html . Follow what the statute says to the letter. Study like hell. Dot every i and cross every t. After you have studied this, if you still have questions, ask here.

It would be best to use an attorney.
BenA2
(Texas)

Posts:707


05/05/2020 8:08 PM  
"Majority of the total voting interests" clearly means the majority of unit owners, in my opinion. Without seeing the actual wording, I'm guessing the majority of 10% of the respondents is only to approve a recall vote. You are trying to remove an elected board member, it makes no sense that less than 10% of the owners could do that.

This is a serious issue and I think you should consult an attorney, especially if there is any disagreement on the interpretation of the code.
GeorgeS21
(Florida)

Posts:2681


05/05/2020 8:33 PM  
IMO, not worth it.

Censure the misbehaving board member ... formally. Make sure it is accurately reflected in the minutes.

Isolate the person politically. Ignore them - unless there is cause for law enforcement.

Have a better candidate for the next election.
GenoS
(Florida)

Posts:3805


05/06/2020 1:51 AM  
Posted By BoydT on 05/05/2020 7:18 PM
... a motion was passed to remove the board member by the Treasurer. It was seconded but the remaining 4 members 4 decided to give the member another chance.

It takes a majority of all voting interests to remove a board member. The board cannot do it by themselves and a motion at a board meeting by the Treasurer or any other board member to do so is meaningless since a board has no power to do such a thing.

Both the condo statute, FS 718, and the HOA statute, FS 720, are clear that only a recall vote by a majority of the voting interests can remove a board member, and that supercedes anything else that might be in your governing documents. What the sitting board wants doesn't matter. A majority of the homeowners voting for a recall is the only thing that matters.
BoydT
(Florida)

Posts:12


05/06/2020 8:23 AM  
Each unit has a vote, I checked with building manager.

It's a condominium.

So even if the majority of the board voted to recall it doesn't matter?

OK so here is my challenge, barely 40% of the 166 member votes actually voted at the last election so how does one even try to consider get 84 of 166 votes to recall. Can there be a time limit as to response to the recall in writing from all eligible member votes?

Scenario, mail out a recall ballot to all residences and lets say you put a 14 day time limit on response, at that stage can you go with votes received? It is absolutely impossible to consider getting 84 votes saying yeah to recall when only 66 people voted (in total) at the last election. Agree on the attorney but trying to do some of the work prior.
SheliaH
(Indiana)

Posts:3224


05/06/2020 9:24 AM  
I concur with George.

Board members are elected by the homeowners, so if you want this person out, you'll have to convince the homeowners to either recall him or her, or vote him/her out in the next board election. A censure will let the homeowners know the rest of the board felt the behavior was inappropriate - it's their responsibility to decide if that person should continue. If you're on the board and everyone feels they can't work with this person, you could ask that she or he resign, but that's it.

it would be best to call a special meeting and let both sides have their say before voting instead of putting a time limit on the vote. These days you'd have to have it via a conference call to ensure social distancing. However, if the homeowners don't respond to any of this, that's also their right, although it may be a bad idea. You're finding out the hard way that apathy is a huge problem in HOAs and that's why It can take so long to make major changes of any kind.


It may also be this person had a really horrible day, resulting in scrappy behavior. It happens to everyone, including you, so wait and see how that board member responds. If he/she can't behave and is shunned, there may be a resignation and that will be that.
BoydT
(Florida)

Posts:12


05/06/2020 9:53 AM  
We have i think decided on the following steps but firstly i wanted to thank you all for the valuable insight.

Based on the following information. Current Board Member was not having a bad day, it has come to light that that there are several instances of formal complaints against said board member (prior to board appointment) over the past several years, harassment, ill treatment of employees and scaring of children. We are getting copies of all complaints and will not individually list them but rather summarize that this is the reason we are concerned. This is in addition to his berating of the Building Manager on the recorded call.

Step 1 - We will be officially logging an owner complaint at the next board meeting so that it recorded in the minutes.

Step 2 - We have a majority to move forward with a special meeting of 10% and will proceed forward with an official recall ballot and present that to the Board.

Step 3 - TBD as to whether we move forward with the actual recall ballot depending on the Boards response. The hope is that with 2 of 6 board members (the board member discussed not counted of course) voting to remove them during the meeting (although not legal it sent a message at the time) we are of the belief that the Board will realize the severity of the situation and ask the board member in question to resign.

We think this is the quickest and healthiest way to try and resolve the matter.

Any thoughts?

AugustinD


Posts:3364


05/06/2020 9:57 AM  
Posted By BoydT on 05/06/2020 8:23 AM
So even if the majority of the board voted to recall it doesn't matter?
Correct. Nationwide condominium/HOA Declarations make it difficult to recall a director. Often folks unhappy with a director just wait for the next annual election and throw the director they dislike out. Advantage: It is a lot easier logistically. Disadvantage: The condo/HOA may be stuck with a jerk for a director for several months.
Posted By BoydT on 05/06/2020 8:23 AM
OK so here is my challenge, barely 40% of the 166 member votes actually voted at the last election so how does one even try to consider get 84 of 166 votes to recall.
Nearly all condos/HOA face severe voter apathy. In a condo where the rental rate is high, voter turnout tends to be particularly bad. I am accustomed to being happy if 20% show up (in person or by proxy). In my experience, forty percent is quite high. Granted it makes a recall difficult to impossible.
Posted By BoydT on 05/06/2020 8:23 AM
Can there be a time limit as to response to the recall in writing from all eligible member votes?
By my reading of the Florida Condo Act, the vote must happen at the Special Meeting that 718.112 (2) (j) requires. Your group will have to follow the notice requirements. I think the requirement is to notify all members at least 14 days before the meeting. In my opinion, you should mail each unit's owner, even if this results in duplicate mailings. On the positive side, your group can collect proxies.

It appears that a quorum for a meeting of units owners is half the voting interests. So your group should maybe aim to collect proxies representing the votes of at least half the voting interests. Per the Condo Statute, I think you should use the "limited proxy" that the Florida Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. The Division (as its known in the statute) has a web site and I think there are phone numbers there.

I think your best chances are to start a campaign that includes phone calls and maybe one or two well written, bullet-pointed, one side of one page, large font letters. Make sure only the facts are published (to be fair and so as to not waste time on a director claiming defamation).

Alternatively, wait for the next election.

GenoS and GeorgeS21 are Floridians and write based on much experience. GenoS is particularly well-grounded in the legalities IMO. I would give their posts a lot of attention.
AugustinD


Posts:3364


05/06/2020 10:00 AM  
Posted By BoydT on 05/06/2020 9:53 AM
we are of the belief that the Board will realize the severity of the situation and ask the board member in question to resign.
This approach is not uncommon and is sometimes successful. I agree with the strategy of documenting acts of unprofessional conduct and presenting them to this director, and letting the director know that he/she will be facing a recall unless he/she resigns.

I hope this is not a bunch of ignorant board members ganging up on someone who has valid concerns. Just the fact that some on this board thought it could remove the director by a board vote says to me that they may be miscreants in other ways.
BoydT
(Florida)

Posts:12


05/06/2020 10:13 AM  
Should we present documents to the Board as a whole so they may talk with the said board member with our intent to file for recall if no resignation forthcoming? I think several on the board are not aware of past behavior.
AugustinD


Posts:3364


05/06/2020 10:28 AM  
Posted By BoydT on 05/06/2020 10:13 AM
Should we present documents to the Board as a whole so they may talk with the said board member with our intent to file for recall if no resignation forthcoming? I think several on the board are not aware of past behavior.
AFAIC: Either the Board; any one condo member; or any group of Condo members can ask for this director's resignation and explain the likelihood of a recall meeting if the director refuses. The request to resign has no legal force. The requestee is free to either decline or ignore the request. But such a request is perfectly lawful. I do not like asking someone to play the bad cop if I am not willing to do so myself. I think I would ask your group (not the board) to write the director, explain your concerns, and ask the director to resign. Send a copy of your letter to the board, so it may have documentation of this director's conduct.

If a recall meeting occurs, the law expects HOAs to give a director accused of xyz a chance to explain him- or herself. Even if there is no recall meeting, then I hope the board at an open meeting gives the person a chance to explain him- or herself. Who knows? Maybe the director will apologize and say he/she is going to try to do much better.
AugustinD


Posts:3364


05/06/2020 10:34 AM  
Posted By BoydT on 05/06/2020 9:53 AM
there are several instances of formal complaints against said board member (prior to board appointment) over the past several years, harassment, ill treatment of employees and scaring of children.
If these acts were committed using this person's status as a director, then a letter from the HOA attorney is more than appropriate, including a threat of obtaining a restraining order against him.
AugustinD


Posts:3364


05/06/2020 10:35 AM  
Posted By AugustinD on 05/06/2020 10:34 AM
Posted By BoydT on 05/06/2020 9:53 AM
there are several instances of formal complaints against said board member (prior to board appointment) over the past several years, harassment, ill treatment of employees and scaring of children.
If these acts were committed using this person's status as a director, then a letter from the HOA attorney is more than appropriate, including a threat of obtaining a restraining order against him.
Oops; read-o on my part. BoydT wrote that these acts preceded his getting on the board. In asking for this director's resignation or seeking a recall, I think BoydT's group needs to address strictly acts while on the board.
AugustinD


Posts:3364


05/06/2020 10:54 AM  
Posted By BoydT on 05/06/2020 9:53 AM
Based on the following information. Current Board Member was not having a bad day, it has come to light that that there are several instances of formal complaints against said board member (prior to board appointment)
Please clarify: Was this director elected by the unit owners (a.k.a. "the membership") to serve on the board? Or was there a board vacancy, and the remaining directors voted to appoint this person to the board?

It makes a huge difference. Florida's Not for Profit Corporation Act states that a director who was appointed to the board by the other directors may be removed by the directors. See
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/Sections/0617.0808.html
BoydT
(Florida)

Posts:12


05/06/2020 11:38 AM  
Elected as a new board member

I think first step is to log official complaint for the minutes at next meeting thne follow up with a letter not spelling out actual complaints but stating that xyz number of complaints were filed prior to current behavior and should be taken into consideration to avoid possible recall request. Meaning request that the board ask said person to resign.

I'm trying to keep it simple
JohnC46
(South Carolina)

Posts:9461


05/06/2020 12:40 PM  
Boyd

Was this BOD Member elected to the BOD by owners or appointed to the BOD by the BOD? If appointed by the BOD, then the BOD alone can remove him.
GenoS
(Florida)

Posts:3805


05/06/2020 1:32 PM  
Posted By BoydT on 05/06/2020 8:23 AM
Each unit has a vote, I checked with building manager.

It's a condominium.

So even if the majority of the board voted to recall it doesn't matter?

Correct. The Florida statutes vest the power to remove a board member with the owners, and only with the owners.
GenoS
(Florida)

Posts:3805


05/06/2020 1:36 PM  
Posted By JohnC46 on 05/06/2020 12:40 PM
Boyd

Was this BOD Member elected to the BOD by owners or appointed to the BOD by the BOD? If appointed by the BOD, then the BOD alone can remove him.

Not so in Florida. The statute provides that only a majority of the owners may vote to remove someone from the board. As far as I know, that goes for every board member regardless of how he or she got onto the board in the first place, e.g. by getting elected or by getting appointed.
BoydT
(Florida)

Posts:12


05/06/2020 1:50 PM  
Thanks Geno

I'm going to try the soft way first with an official complaint on the next meeting followed up by a letter to the board notifying of intent to vote on recall intention and that we already have enough votes for the 10% majority. We will list the reason clearly and list number of complaints but not specifics. If the Board wishes to pull the individual complaints that will be up to them and they may do so. I will ask for a response with a reasonable time and if not responded to will go the 10% recall route. Hope is they will have the director resign.

Thoughts?
AugustinD


Posts:3364


05/06/2020 1:58 PM  
Posted By GenoS on 05/06/2020 1:36 PM
Not so in Florida. The statute provides that only
There is no "only" or other qualifier in the statute.

Posted By GenoS on 05/06/2020 1:36 PM
a majority of the owners may vote to remove someone from the board. As far as I know, that goes for every board member regardless of how he or she got onto the board in the first place, e.g. by getting elected or by getting appointed.
On this subject, the Florida Not for Profit Corporation statute reads in part:
==================
617.0808 Removal of directors.—
(1) Subject to subsection (2), a director may be removed from office pursuant to procedures provided in the articles of incorporation or the bylaws, which shall provide the following, and if they do not do so, shall be deemed to include the following:
(a) Any member of the board of directors may be removed from office with or without cause by:
1. Except as provided in paragraph (i), a majority of all votes of the directors, if the director was elected or appointed by the directors; or
2. A majority of all votes of the members, if the director was elected or appointed by the members.
...
===================

I think this means that, if this director were appointed by the board and not elected by the members, then the board would have the right to remove the director.
AugustinD


Posts:3364


05/06/2020 2:09 PM  
Posted By BoydT on 05/06/2020 1:50 PM
I'm going to try the soft way first with an official complaint
You will be complaining about acts of this person before he was a director, correct? Furthermore these are acts that were not committed against you, correct? These are acts about which presumably you could have informed the membership before the membership elected this director, correct? At this point, I am having a hard time seeing how complaining to the board about non-director, pre-board service acts is fair to the HOA members that elected this director.

Even worse, I do not think this "complaint" you have in mind cites any current violations of covenants. When it comes to complaints, I think the Board's business is to be concerned with current violations of the covenants.

If you get your 10% for a Special Meeting and then enough proxies to recall this director, fair enough. But otherwise, your reasoning for writing the board does not make sense to me.
JohnC46
(South Carolina)

Posts:9461


05/06/2020 6:07 PM  
Posted By AugustinD on 05/06/2020 2:09 PM
Posted By BoydT on 05/06/2020 1:50 PM
I'm going to try the soft way first with an official complaint
You will be complaining about acts of this person before he was a director, correct? Furthermore these are acts that were not committed against you, correct? These are acts about which presumably you could have informed the membership before the membership elected this director, correct? At this point, I am having a hard time seeing how complaining to the board about non-director, pre-board service acts is fair to the HOA members that elected this director.

Even worse, I do not think this "complaint" you have in mind cites any current violations of covenants. When it comes to complaints, I think the Board's business is to be concerned with current violations of the covenants.

If you get your 10% for a Special Meeting and then enough proxies to recall this director, fair enough. But otherwise, your reasoning for writing the board does not make sense to me.




I agree.
BoydT
(Florida)

Posts:12


05/07/2020 6:46 PM  
Well that's a bit of a shocker as you are making assumptions..let's try this on for size.

None of the prior instances were against our family. We actually voted for this Member which makes it all the more difficult. Said person had a nice resume and is a high profile HR manager at a local firm.

We have pulled several recorded instances of inappropriate conduct towards several homeowners but the President is convinced he can control the the Director moving forward. Given past behavior the person will mess up again.

This weekend we will not reference or even think about bringing up past instances but we will as a whole have a vote of at least 20% of condo owners to alert the board that we intend to proceed with with a recall ballot.

We have support of at least two board members and our hope is that as the board is very new, they will take it upon themselves to realize that if this is how it is going to be, then they will convince said person to resign.

This is way more in depth than what I have posted here and there is no hidden agenda, we just want a bad seed gone so that we can move forward.

AugustinD


Posts:3364


05/07/2020 6:57 PM  
Posted By BoydT on 05/07/2020 6:46 PM
We have pulled several recorded instances of inappropriate conduct towards several homeowners
While he was a director? Sorry I cannot quite tell.

Obviously I am not in your shoes. I likely do not have the pulse of the situation.

You all certainly have the lawful right to try to get together a Special Meeting to recall any director and then, with a majority vote of all units, remove him or her as a director. FWIW I have no issue with this.

As for this person messing up again: I tend to agree it's more likely than not this person will not change.
SueW6
(Michigan)

Posts:693


05/07/2020 7:42 PM  
If I were on the Board, I would motion to go into Exc. Session to discuss a discipline issue. This board member deserves to know there is discontent with his behavior, and he chances a recall. If the board wants to censure him, then that can happen. If not, then they can support him at any open meeting when members approach the board about his behavior.


GenoS
(Florida)

Posts:3805


05/08/2020 1:21 PM  
Posted By SueW6 on 05/07/2020 7:42 PM
If I were on the Board, I would motion to go into Exc. Session to discuss a discipline issue.

That's an impermissible reason for an executive session (a/k/a "Board Meeting Closed to the Owners") in Florida.

FS 720.303(2)(a) says, "Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege."

FS 720.303(2)(b) says, "Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors."

And that's it. Any discussion of discipline against a board member can't be done behind closed doors in Florida. Any board meeting that is closed to the owners must be properly noticed, as well. A board can't decide on the spur-of-the-moment to "go into a closed session".
BoydT
(Florida)

Posts:12


05/08/2020 2:23 PM  
Geno,

We have decided to do the 10% route and are calling a meeting this weekend we have approx 25 unit owners that have said they will attend via social distancing, and vote yes, and at that stage we can present the intent to the board to proceed with a recall ballot unless said director resigns. Does that sound about right?
BoardM3
(Arizona)

Posts:24


05/08/2020 2:43 PM  
Our CCR's dont specifically speak about removal, but the ByLaw document does. It shows, "Any officer may be removed from office by a majority of the Board at any time with or without cause." I'm not sure if other communities have a ByLaw document.
MarkW18


Posts:1067


05/08/2020 2:58 PM  
Posted By BoardM3 on 05/08/2020 2:43 PM
Our CCR's dont specifically speak about removal, but the ByLaw document does. It shows, "Any officer may be removed from office by a majority of the Board at any time with or without cause." I'm not sure if other communities have a ByLaw document.



WOW
BoardM3
(Arizona)

Posts:24


05/08/2020 3:04 PM  
Honestly it makes getting anything done very difficult. I am constantly afraid other members of the board who are buddy-buddy will just kick me off for having a different opinion.
AugustinD


Posts:3364


05/08/2020 3:50 PM  
Posted By BoardM3 on 05/08/2020 2:43 PM
Our CCR's dont specifically speak about removal, but the ByLaw document does. It shows, "Any officer may be removed from office by a majority of the Board at any time with or without cause."
This means that the President, VP, Treasurer and Secretary may be removed by a board majority. It does not mean a director may be removed by a board majority. There is a difference between an "officer" of a corporation and a "director" of a corporation.
JohnC46
(South Carolina)

Posts:9461


05/09/2020 9:02 AM  
Posted By AugustinD on 05/08/2020 3:50 PM
Posted By BoardM3 on 05/08/2020 2:43 PM
Our CCR's dont specifically speak about removal, but the ByLaw document does. It shows, "Any officer may be removed from office by a majority of the Board at any time with or without cause."
This means that the President, VP, Treasurer and Secretary may be removed by a board majority. It does not mean a director may be removed by a board majority. There is a difference between an "officer" of a corporation and a "director" of a corporation.




Pay attention to this. A BOD removing an Officer does not mean they are removed from the BOD. They are still a BOD Member, just not an Officer.
BoydT
(Florida)

Posts:12


05/11/2020 2:53 PM  
If any of you could confirm that I'm doing this the correct way it would give me a little more confidence.

Board Meeting is this evening.

Today we garnered well over the 10% signatures need to have a Special Meeting to vote of whether we will move forward with an official Recall Ballot.

At this evenings board meeting I was planning on announcing this and informing the board that we be holding said special meeting sometime next week to take a vote. Only those signing a petition will be invited to the meeting as it is a precursor to an actual response from the Board as they will have 5 days to respond after we receive a majority vote.

Am I correct in announcing it to the Board and it is the owners that are responsible for holding the meeting correct? Or do I just hold the meeting and present to them the majority vote to request a recall ballot and they have 5 days to respond.

Thanks all
JimB37
(Florida)

Posts:69


05/15/2020 6:44 AM  
How did your meeting go?
JimB37
(Florida)

Posts:69


05/15/2020 6:44 AM  
How did your meeting go?
SueW6
(Michigan)

Posts:693


05/15/2020 7:09 AM  
The “speaker” would have had to be recognized by the president in order to Bring this up at a meeting.
If the president considers the subject not a board matter, he can rule not to allow the presentation at the meeting.

An outside group wants this guy removed. Don’t expect this to be a board job.

CathyA3
(Ohio)

Posts:953


05/15/2020 9:38 AM  
Here is a crazy question.

A board member is recalled, everything done properly and by the book. There is now an open position director position. A majority of the board did not agree with or vote for removal. Can they legally appoint the removed director to the open position? (My community's bylaws don't address this, so I assume it's allowed.)

I doubt that this would happen if the removed director had managed to offend a good part of the community. I can see it happening if the removed director was the subject of a witch hunt by owners.
MarkW18


Posts:1067


05/15/2020 10:03 AM  
Unless forgiven by their docs, then yes
BoydT
(Florida)

Posts:12


05/15/2020 10:19 AM  
We announced decision to file for Recall Ballot of one board member, complete silence. On the advice of the Building manager, as we are under unusual times a signed petition by a majority of more that 10% will suffice.

We are sending certified letter Monday to the Board and alerting Building Manager with a copy.

Several other items came to light during the meeting and we do believ that they will request his resignation upon receipt. Stay tuned.

AugustinD


Posts:3364


05/15/2020 10:49 AM  
Posted By CathyA3 on 05/15/2020 9:38 AM
Here is a crazy question.

A board member is recalled, everything done properly and by the book. There is now an open position director position. A majority of the board did not agree with or vote for removal. Can they legally appoint the removed director to the open position? (My community's bylaws don't address this, so I assume it's allowed.)


In Florida in particular, is it possible that a recall election requires (or allows?) a simultaneous vote for a person to replace the recalled director?

Else I say yes, the directors can do this with a motion and stroke of the pen. I suppose the owners, if angry enough, could then repeat their recall effort, but this time, removing all directors who voted to appoint the person the owners want off the board.

This argues for getting a feel in advance of which directors would, after the recall, tell the owners to stuff it and appoint the person the owners had just recalled.
AugustinD


Posts:3364


05/15/2020 10:54 AM  
Posted By AugustinD on 05/15/2020 10:49 AM

In Florida in particular, is it possible that a recall election requires (or allows?) a simultaneous vote for a person to replace the recalled director?
From one Florida law firm:

"If less than a majority of the board is recalled, the existing board members may fill the vacancies. If a majority or more of the existing board is recalled, an election shall be conducted at the meeting to fill the vacancies resulting from the recall."

I also see that, if the recall effort in any way failed to dot every legal i and cross every legal t, the board may lawfully reject the recall.

BoydT's board was silent possibly because the directors know the owners are not doing the recall properly?
BoydT
(Florida)

Posts:12


05/15/2020 10:58 AM  
It's really hard to explain the dynamics of how bad things are. This is a shot across the bow to test the waters. Once we get an honest response as to whether they take the initiative or not, then it will become more of an issue.

We have conferred with a lawyer and they have recommended this action based on everything else they are aware of.
SueW6
(Michigan)

Posts:693


05/15/2020 3:57 PM  
There is a threshold just to CALL the meeting to order with the purpose of the meeting clearly stated in the petition. Is that the 10% you are talking about?
That Petition was presented to the board who now is obligated to set the date Within so many days.

Now everyone is invited to the meeting. Notice requirements for this special meeting Must be followed.


At the meeting, the president calls the meeting to order, states its purpose and calls for the vote. That motion has its own voting threshold . ( majority or 2/3 to remove a board member - it would be in your bylaws. )
BoydT
(Florida)

Posts:12


05/15/2020 4:09 PM  
Thanks Sue.

Lot's happening here and several owners have now filed lawsuits objecting to the actual Board vote a few months ago. It's getting kind of crazy but we all feel that what we need to happen will slowly be accomplished.

Not easy.
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Forums > Homeowner Association > HOA Discussions > Recall a Board Member -HELP



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