Florida--can anyone answer me?

Started by AnnaD2 • 3 replies • 1682 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AnnaD2 (Florida)
Posts: 960

Posted:

Hey, I'm not "feeling the love" here. I posted the following topic a few days ago and no one answered me. So (alas) I'm posting it again. Any help would be appreciated. Donna, are you ignoring me? LOL :

Florida Condominium Statutes 718 are very specific as to how a recall is to be handled. Yet Statutes 61B outline a very DIFFERENT process to recall board members. In fact there are THREE different ways to proceed with a recall. Can people simply "pick and choose" which way they'll do a recall?

WHICH ONE takes presidence over the other???? Both say they are for condo associations.

Thank you!!!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Probably the best thing to do is paste the different versions here for discussion. Otherwise, there's a lot of research you are asking people to do. That may start the conversation.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anna,
I would never ignore you!! Anyhow, Fl Statutes 61B is the Condominium and Co-Op Act which has under it, the Division of Florida Condo, Times Shares and Mobile Homes Statutes.(all seperate numbered statutes)

718 is a "Sub Division" to the Act. Those are the recall requirements that you follow and of course 617 the Not for Profit Statutes also govern. 720 is also under there but we do only follow 720 as that was the statutes assigned to HOA's.

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Anna,
Sorry I missed your other thread....

My understanding of the relationship between the statutes for condos (Chapter 718) and the Administrative Codes (Chapter 61B - etc.) is that the Florida Statutes (718) takes precedence and should not be in conflict. The state of Florida has empowered the Division of Florida Condominiums, Timeshares, and Mobile Homes to provide the operational/procedural rules (abiding to the chapter 718 statutes) and oversee the enactment of those statutes and impose penalties when necessary. The "Division" is a regulatory authority that protects the integrity of the FL law and it's powers are constantly changing... an example of that refers to the mediation and arbitration processes they oversee. A link to the 82 pages of the administrative codes is:

http://www.myflorida.com/dbpr/lsc/documents/718Rule22507.pdf

As far as the issue of "recall of a board member(s)".... The statutes (chapter 718)speak of two recall methods
1.) By a recall meeting (petitioned)
2.) By written agreement.

The administrative codes cite these procedures:

61B-23.0026 Right to Recall and Replace a Board Member; Developers; Other Unit Owners; Class Voting. (the provisions apply to recall and replacement of board members elected or appointed by a DEVELOPER)

The following provisions apply to recall and replacement of board members elected or appointed by unit owners other than a developer:

61B-23.0027 Recall of One or More Members of a Board of Administration at a Unit Owner Meeting; Board Certification; Filling Vacancies.

61B-23.0028 Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies.

Hope this helps...

Ann

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here