HOA Board Removal

Can Members of Florida Homeowners Associations Remove Board Members?

Any board member can be removed with or without cause by majority vote of homeowners, except that a board member only elected by a specific class of members may only be recalled by majority vote of that class. Fla. Stat. §720.303(10). A recall can be accomplished through a written ballot or agreement executed by the voting members in writing, with each affected board member subject to a separate vote. Fla. Stat. §720.303(10)(j). Upon the board’s receipt thereof, the board holds a member meeting within five business days and either certifies the recall or files an arbitration petition with the Department of Business and Professional Regulation. Fla. Stat. §720.303(10)(d). If the board fails to hold the meeting as required, the recall is deemed effective. Fla. Stat. §720.303(10)(f).

Vacancies resulting from a recall are filled by vote of the remaining board members, except that, if the recall removes more than a majority of the board, the vacancy is filled by member vote. Fla. Stat. §720.303(10)(e). An association’s governing documents may include more specific procedural rules relating to recall of board members and filling vacancies.

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