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DebiM1 (Florida)
Posts: 12
Posted:
I am confused as to whether the provisions of FL Statutes sections 718 and 720 and Rule 61 pertaining to recall of Board members by written agreement are applicable to Sec 719 co-ops. Can anyone suggest how to find out or recommend another discussion group.
GenoS (Florida)
Posts: 4,276
Posted:
Not sure what Rule 61 is, but here's what FS 719.106 says:

"Subject to s. 719.301, any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. A special meeting of the voting interests to recall any member of the board of administration may be called by 10 percent of the unit owners giving notice of the meeting as required for a meeting of unit owners..."

FS 719.106 is a large chapter with many paragraphs. You should be able to find it online.
DebiM1 (Florida)
Posts: 12
Posted:
Thank you both. Perhaps I did not state my question correctly. There are a number of procedural issues that are not answered by the statute, and which this forum addresses in the context of FL Statutes Section 720, which I do not believe applies to co-operatives-- although I may be wrong. I know, for example, that the form for recall which has been promulgated by the administrative agency references section 718. Anyone's guess as to whether this form applies to 719? I don't know why it wouldn't…also must the replacement board members receive the same "majority of 'voting interests' " as the recalled members?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Simply change the verbage of the form to reference 719.

Without seeing the actual form, it's difficult to really provide an answer.
GenoS (Florida)
Posts: 4,276
Posted:
I think I see what you're referring to on http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumForms.html There's an HOA page on that site that has a similar recall form. They're very similar. Tim is probably right, you can change the language to reference FS 719 and use that instead. One very important note: those are SAMPLE forms, and as long as you comply with the statutes, there's no need to use them at all. There is no one-and-only form that needs to be used, the forms organize the information and lay it out so you can see what you have and what you're still missing for a recall petition.
DebiM1 (Florida)
Posts: 12
Posted:
Thanks for holding my hand on this, but I want to be sure there are no missteps in using the written agreement for a board recall. My remaining questions were 1) Do replacements require a majority of the "voting interests" and 2) Is a voting certificate required if the board has accepted a unit owner's vote without one in past elections. My reason for the last question is that there is language to this effect in the regulations contained at 61B-81, relating to Homeowners' Associations but not in the parallel regulations in 61B-75, relating to Co-ops.
GenoS (Florida)
Posts: 4,276
Posted:
You're exactly right in wanting to cover all the bases, it's a detailed process and you don't want to screw up and get it invalidated on a technicality.

Deb, I wish I could help further, but I really don't know the answers. I'm in an HOA, not a co-op, and while I've looked at FS 720 many, many times over the past year, I still need to reference it on a regular basis. I have only briefly glanced at 718 and 719 and wouldn't even know where to start.

This forum is an excellent resource if you can attract the interest of folks who have been in a similar situation. Maybe change the thread title (or even start a new one) to "FL 719 Co-op Board Recall Procedure" or something similar. Maybe someone will chime in. I wish you all the best in your efforts.
DebiM1 (Florida)
Posts: 12
Posted:
Little by little we're getting it done, but now there's another possible hitch. In counting the number of "voting interests" for purposes of establishing a majority vote for recall, there's one unit currently in probate, and the title has not yet been vested in the estate or it's representative. So it would appear that this unit has no right to vote or be counted for purposes of the recall. Also, if it were to be counted, it would add 1/2 vote to meet a majority. How would a half vote affect the requirement of a majority (round-up/down?) Comments (especially since you have acknowledged the technicalities). BTW, I think many of our issues are similar to the HOA issues, at least in this regard, so I do appreciate your insights.

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