Florida - Recalling the board

Started by KimberlyF3 • 3 replies • 1495 views

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KimberlyF3 (Florida)
Posts: 1

Posted:

I know the Statutes for recalling a board member(s), but here is my question. We are a HOA in central Florida that has over 3000 homes. We had an amendment to our bylaws that reads

"The presence, in person or by proxy, of the Members holding 10% of the total votes in the Association as established by the Articles of Incorporation, shall constitute a quorum or the Membership for any action governed by the Declaration, the Articles of Incorporation or these Bylaws."

So do we only need 10% (approx 300) or do we need 50%+1 to recall a board member?

GlenL (Ohio)
Posts: 5,491

Posted:

(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. (emphasis added)

The way I read that, is that it would require 1501 votes to recall, not the lesser number you cited.

Studies show that 5 out of 4 people have problems with fractions

PeterD3 (Florida)
Posts: 708

Posted:

Yup. 50%+1 of the members/lots/units/parcels, etc.

Recalls are not an "...action goverened by the Declaration, the Articles of Incorporation or these Bylaws."

They are goverened by the Florida statutes Chapter 720 and the Florida DBPR.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Peter

I do agree with you and maybe there is a lesson here for some and that is priority of whatevers. Simply put:

1. Laws
2. Covenants/Deed Restrictions
3. Bylaws
4. Rules and Regulations.

The OP might well be reading their association whatevers properly (something to be said for reading them) but they cannot override laws as you specifically pointed out.

Hope this helps some.

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