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Recall after resignation

Started by AlexC3 • 9 replies • 1896 views

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AlexC3 (Florida)
Posts: 11
Posted:
Initially a recall was started on 3 directors of a 5 member BOD. One director resigned as the ballots were being mailed. This was a director that was to be recalled. Another director - not being recalled resigned. Two new BOD members were elected by the BOD. If the recall succeeds
can the remaining directors fill the seats since there is now a minority of the BOD being recalled? Initially the petition contained 3 names of replacements for the original directors being recalled.
KerryL1 (California)
Posts: 14,550
Posted:
Do your documents or FL state laws permit the recall of named directors and names of the replacement directors on the same ballot?
GlenL (Ohio)
Posts: 5,491
Posted:
Alex, let me see if I've got this straight. Your Board consists of A, B, C, D, & E - a recall was started on AB&C, A resigned along with D who was not involved in the recall. The Board exercising the power available to it appointed two replacements. Now you want to know if you can also kick A's replacement off if the recall succeeds, IMHO no you can only replace B&C since the new A isn't named in the recall.
Studies show that 5 out of 4 people have problems with fractions
AlexC3 (Florida)
Posts: 11
Posted:
They do when a majority of directors are being recalled.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Alex

Initially a recall was started on 3 directors of a 5 member BOD. One of them resigned as the ballots were being mailed. This was a director that was to be recalled. Another director - not being recalled resigned. Two new BOD members were elected by the BOD.

At this point the BOD is back to 5 members.

Now of the original 3 to be recalled one is already gone so basically the recall will be for 2 of the present 5.

In the recall, were the replacements named as in Joe for John, Mary for Sally, etc or was it a group deal like 3 out, 3 in?

AlexC3 (Florida)
Posts: 11
Posted:
There was a list of directors to be recalled or retained. Then in a separate section there was a list of replacements to be voted on. So presumably the replacements with the most votes would replace in order any director recalled. My question is really about how the current recall is interpreted. If one of the directors being recalled has already resigned and is now replaced - Brown by Smith say - what is the effect on Smith if Brown, no longer on the Board, has enough votes to be recalled?
TimB4 (Tennessee)
Posts: 21,061
Posted:
Alex,

FL laws for condos and HOAs can be very specific. I don't have the time to look at these right now. However, I suspect that your answer will be found there. Remember to look into corporate law as well as those will be applicable if your Association is incorporated.

Here are the links:

CHAPTER 718 - CONDOMINIUMS (I don't recall if you said if you were in a condominium or not).

CHAPTER 720 - HOMEOWNERS’ ASSOCIATIONS

CHAPTER 617 - CORPORATIONS NOT FOR PROFIT Most Associations are incorporated as a nonprofit. However, check to be sure.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By AlexC3 on 03/23/2015 5:49 AM
There was a list of directors to be recalled or retained. Then in a separate section there was a list of replacements to be voted on. So presumably the replacements with the most votes would replace in order any director recalled. My question is really about how the current recall is interpreted. If one of the directors being recalled has already resigned and is now replaced - Brown by Smith say - what is the effect on Smith if Brown, no longer on the Board, has enough votes to be recalled?

Alex

I say Smith (replaced Brown, one that was being recalled) is on the BOD. The recall has nothing to do with Smith.

I say the top two vote getters on the recall petition get the two spots that will be open if the recall is successful.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnC46 on 03/23/2015 6:43 AM
Posted By AlexC3 on 03/23/2015 5:49 AM
There was a list of directors to be recalled or retained. Then in a separate section there was a list of replacements to be voted on. So presumably the replacements with the most votes would replace in order any director recalled. My question is really about how the current recall is interpreted. If one of the directors being recalled has already resigned and is now replaced - Brown by Smith say - what is the effect on Smith if Brown, no longer on the Board, has enough votes to be recalled?


Alex

I say Smith (replaced Brown, one that was being recalled) is on the BOD. The recall has nothing to do with Smith.

I say the top two vote getters on the recall petition get the two spots that will be open if the recall is successful.


Sounds good.
Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
JohnC's disentanglement sounds pretty good to me too. But I'm still not positive about who's (or whose) on first ; )

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