How To Recall Your HOA Board
Is Your Association Board Out of Control?
How to remove a “bad” board member or HOA depends the bylaws, the declaration of covenants, conditions, restrictions and easements, and any other written rules and regulations; and in most cases the support of other homeowners.
Know the Law
Florida laws call for automatic removal of a board member in certain circumstances. Under Florida Condominium Act, an HOA board member is automatically removed if convicted or, charged with:
- Felony theft of HOA funds
- Embezzlement of HOA funds
- Is more than 90 days delinquent in paying HOA dues
Get the Votes
Section 720.303(10)((a)1. of the Florida Statutes provides that a member or members of the a homeowners’ association’s board of directors may be removed by a vote of the majority of the association’s voting interests. The statute also provides that the recall may be without cause. This means that the homeowners seeking the recall do not have to provide a reason for recalling a director. The homeowners simply have to follow the procedures of the statute and applicable administrative rules. Homeowners may recall a member or members of their board by a vote at homeowner meeting or by written recall agreement.
Resources for Homeowners
The statutes and administrative rules applicable to recalls may be found here www.myfloridalicense.com/dbpr/lsc/statutes.html Additional information and resources may be found at the arbitration section’s homeowners’ association arbitration website www.myfloridalicense.com/dbpr/lsc/homeowners.html.
Effective Legal Defense for Florida Homeowners
Before seeking the recall of an HOA board member, it’s important that you speak with a qualified Florida real estate attorney that specializes in representing homeowners. While Florida statute states “with or without case”, you will still want to ensure that you have a good faith basis to seek the recall. HOA Defenders is dedicated to fighting for the rights of homeowners like you, and your free consultation is just a phone call away. Explore your legal options with a member of our team and discover what HOA Defenders can do for you. To get started on the steps you need to recall your HOA, contact us today at 561-340-4577 for more information.