FL recalll arbitration within 60 days of election

Started by DebiM1 • 14 replies • 2165 views

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DebiM1 (Florida)
Posts: 12

Posted:

In FL the Board of Arbitration won!t hear a recall petition until 60 days have elapsed since a Board election. Any thoiughts on whether the 60-day rule applies when there was "no election" because there were no opposing candidates? If that is still the rule, any thoughts about whether we can proceed to serve the recall agreement before the 60 days have elapsed, so long as we can ensure that the time within which a petition must be filed by the Board to challenge the recall will fall after the 60 days. Suggestions for the best timing please, assuming there are still 10 days until the 60 will have run. Thanks!

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Debi

What do you mean by no opposing candidates?

DebiM1 (Florida)
Posts: 12

Posted:

There were no candidates running against the existing
Board members whose terms had expired, so it was deemed
futile to hold an election, and the terms of the existing
Board Members were simply renewed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DebiM1 on 04/24/2015 8:17 PM
There were no candidates running against the existing
Board members whose terms had expired, so it was deemed
futile to hold an election, and the terms of the existing
Board Members were simply renewed.

That is typically how it works.

CarolF (Florida)
Posts: 435

Posted:

I am assuming that you are an HOA (not a condominium) and thus FL Statute 720 applies to you.
"An election is not required unless more candidates are nominated than vacancies exist"

FL Statute 720.306 (9) (a)
(9) ELECTIONS AND BOARD VACANCIES.—
(a) Elections of directors must be conducted in accordance with the procedures set forth in the governing documents of the association. All members of the association are eligible to serve on the board of directors, and a member may nominate himself or herself as a candidate for the board at a meeting where the election is to be held; provided, however, that if the election process allows candidates to be nominated in advance of the meeting, the association is not required to allow nominations at the meeting. An election is not required unless more candidates are nominated than vacancies exist. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. Any challenge to the election process must be commenced within 60 days after the election results are announced.

DebiM1 (Florida)
Posts: 12

Posted:

Actually, no, we are a co-op governed by Ch 719. But my
question about a literal "election" was really aimed
at the availability of arbitration (which precludes
recalls within 60 days of an "election.") Sorry I was
not more specific. I'm not even sure whether HOA's are
within the jurisdiction of the Board of Arbitration.
Thanks, though.

CarolF (Florida)
Posts: 435

Posted:

719.303. The regular election must occur on the date of the annual meeting. This subparagraph does not apply to timeshare cooperatives. Notwithstanding this subparagraph, an election and balloting are not required unless more candidates file a notice of intent to run or are nominated than vacancies exist on the board. Any challenge to the election process must be commenced within 60 days after the election results are announced.

DebiM1 (Florida)
Posts: 12

Posted:

Thanks again, Carol. We're not challenging the
election or lack of one. It is a question about whether
we can start the recall process (actually serve the
Written Recall Agreement (719.106 (f)) now or have
to wait 60 days after the Annual Meeting (old board renewed
terms becuz nobody ran against them). There is a 60-day
"waiting period" to petition the Arbitration Bd to challenge
or enforce the recall. It's kind of a fine point, having
to do with jurisdiction. Anybody?

CarolF (Florida)
Posts: 435

Posted:

Debi, I'm just curious as to why no one was willing to run in a normal election,yet 2 months later you are able to come up with enough candidates who are willing to put the co-op through a recall to unseat the current board.
I'm not able to answer your "60 day" issue, because I really don't know anything about co-ops.

EllieD (Vermont)
Posts: 446

Posted:

DebiM1,

Sorry, I cannot provide answers. But I have been reading to learn.

Apparently your questions have not been answered – perhaps because they are not being understood – or perhaps it is just me not understanding - because I am not overly familiar with Florida Statutes.

You wrote “In FL the Board of Arbitration won’t hear a recall petition until 60 days have elapsed since a Board election”.

Is it those “60 days” you are asking about?

And would you clarify, why or how, would a “Board of Arbitration” be involved, in “a hearing about” an election of Board Members that, as you wrote, did not take place because “there was "no election" because there were no opposing candidates”?

Since there were no opposing candidates, what do you want to make happen with a “recall petition”? If the currently serving Board Members are recalled, do you have candidates willing to fill those positions? How many Board positions would have to be filled?

Or in other words, asking as CarolF just posted, “why no one was willing to run in a normal election, yet 2 months later you are able to come up with enough candidates who are willing to put the co-op through a recall to unseat the current board.”

Re “the Arbitration Board”, you seem to be anticipating that there will be reason to involve, by petition, an “Arbitration Board”. Would you be willing to explain why such a petition might be needed?

And could you further explain what you meant, when you wrote “It's kind of a fine point, having to do with jurisdiction”?

Thank you.

DebiM1 (Florida)
Posts: 12

Posted:

If I didn't make myself clear, I apologize to you both (all).
But I can see how this might sound confusing. It's like that
when trying to home in on a small point. But as others have
cautioned, to do the recall right requires being careful and to
dot "i's" and cross "t's."
FYI the recall is prompted by information that came to light after
the time to run new board members had passed. Two board
members have since resigned, and two are left to recall. Just want
to make sure nothing is done to invalidate the recall...if you
reread my question and replies to comments perhaps my
original question will make sense. Thx and don't sweat it!

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

My HOA calls it "election by acclamation". Florida law describes it differently but the effect is the same. In Florida, "an election is not required unless more candidates are nominated than vacancies exist". In your situation, I would treat the day on which the election WOULD HAVE occurred - if one was necessary - as the date the directors were "elected". Other wording in FS 720 supports that idea.

Not a lawyer, not legal advice, yada yada yada.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By DebiM1 on 04/25/2015 5:50 PM
Actually, no, we are a co-op governed by Ch 719.

That will teach me to read the entire thread before responding. Good luck, Debi.

PitA
Posts: 311

Posted:

you are beating a moot point

assume a successful recall

assume no candidates

? what then ?

receivership ?

why bother with the recall issue at all ?

DebiM1 (Florida)
Posts: 12

Posted:

I get the point you and others are making, but
we are lucky to have other volunteers for the Board.

I do think this topic has been exhausted. Thank you
for all your replies.

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