How can we replace our HOA Board of Directors?

Asked by Emil, Sunrise, FL Tue Jan 27, 2009

I live in Sunrise Winding Lakes
community. How can we replace a member or the whole
Board of Directors of our association.

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Answers

5
John Bennett, Agent, Orlando, FL
Tue Jan 27, 2009
Well assuming you are a 720 HOA here is Florida Law on Recall
If yo


10) RECALL OF DIRECTORS.--

(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, 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.

2. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected.

(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, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.

2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).

3. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. However, in no event is a written agreement or written ballot valid for more than 120 days after it has been signed by the member.

4. Any rescission or revocation of a member's written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots.

5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall.

(c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose.

2. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph (d).

(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the department a petition for binding arbitration pursuant to the applicable procedures in ss. 718.112(2)(j) and 718.1255 and the rules adopted thereunder. For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days after the effective date of the recall.

(e) If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or
1 vote
Bill Eckler, Agent, Venice, FL
Tue Jan 27, 2009
The HOA board of directors are normally elected positions. If you are interested in making a replacement, run for the board yourself and make a difference.
0 votes
Douglas, , Boca Raton, FL
Tue Jan 27, 2009
You must draft a recall petition asking the owners whether each director should be retained or not. Use check boxes YES, NO. Have it on a single sheet of paper, with a line for their signature, address, etc. At the bottom have a place to elect you as proxy for them in this matter only. you have 90 days to complete the recall. You must secure 50% + 1 signatures and it is automatically done. The board has a right to defend itself at an open meeting however once you have all of the signatures it really is a courtesy gesture. You can force a meeting at anytime with 10% of your fellow owners or the Secretary of the board can request the same. you may also want to name a roster of replacement board members on your petition that fellow owners vote YES or NO to their election. They would serve only until the next election. Make sure to draft the documents carefully (HOA, Condo Attorney is suggested) or the current board may claim that all of your work is invalid.
0 votes
John Bennett, Agent, Orlando, FL
Tue Jan 27, 2009
I use to be a CAM. This depends. Are you a HOA (FS620) or a Condo (FS618)?

There are ways to do so, but you will need an Attorney, so you might as well start there.
0 votes
Dallas Texas, Agent, Dallas, TN
Tue Jan 27, 2009
Review terms and conditions for HOA . It would take "body of home owners" enforce changes based on rules and regulations of HOA. Most board of directors are voted in you may have to wait till next election period. If all else fails contact an attorney.
Web Reference:  http://www.lynn911.com
0 votes
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