Florida Statutes - Recalling

Started by JacquelineB2 • 3 replies • 1619 views

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JacquelineB2 (Florida)
Posts: 50

Posted:

Has anyone in Orlando or close by completed a Recall on a board member? If so, can you give me some initial directions on what to do and how to do it. We have board members that have sat on the board for a number of years and can't get them removed. Everytime we have an annual meeting they state that only six board members and a president and that seems to be inforced regardless of wether a 7th or 8th person wishes to sit on the board; control is the key here I think.

Thanks.

PeterB1 (Florida)
Posts: 257

Posted:

Don't you have elections at your annual meetings? Why don't you run for one of the board seats?

Recalling requires that 'a lot' of people agree that recall is required. Voting is a better way.

SureshD
Posts: 268

Posted:

Yor post is confusing.
You want to add more (7th - 8th) or recall (replace) existing ones?

Look in your HOA Bylaws for the maximum number of BOD members allowed.

If you have the max. # now then organize the memberhip to nominate others, obtain a quorum at the membership (annual) meeting and let the majority decide.

Recalling requires alot of effort and legal/procedural precision.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jacqueline,

Why are you looking for someone in the Orlando area for information on how to recall? Look at your Florida Statutes because that is the "how to" for a recall. "Fl Statutes 720" for a HOA and "617 "for a condo.

But I do not understand what you mean by the number that wishes to sit on the Board. Your Bylaws will tell you how many members are required on your Board. It will tell you how to elect new ones if you do not like the current ones. You just cannot add Board members because you feel like it.

Just from your post, I believe that changing things thru electing new Board members is the right way to handle changing what you don't like about your Board. Recalling in the best of circumstances is alot of work and I don't think that you understand all of the concequences surrounding a recall. In other words, that seems like the extreme way to go.

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