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ThomasE1 (Florida)
Posts: 5
Posted:
I am wondering if anyone has had to litigate this matter, or at least gotten good attorney info (preferably in Florida).

We are a large HOA, 2500+ units.

We do NOT elect our Directors at large, but rather by district or neighborhood (3 neighborhoods 2 Directors each 1 neighborhood has 3 Directors).

For the purpose of a recall, the wording is not clear. Do we need a majority of the 2500+ members to recall, or just a majority of the members eligible to vote in this specific district/neighborhood.

Thanks in advance
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thomas

I should never touch FL stuff but that said. My first blush is generally one is recalled by those that were eligible to vote in the election when they got elected. I say in your case one elected from Section A can only be recalled by those living in Section A. You do not need approval/voting from Section B, etc.
CarolF (Florida)
Posts: 435
Posted:
Thomas - See FL Statute 720 (10) about the recall of Directors.
Since you must also provide candidates who are willing to serve, it would seem that the candidates would have to come from the section where you are trying to recall the Director(s).
"720 (10)(b)5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall."
In a community of your size, I think it might be a lot easier to try to elect suitable directors during the next regular election. Of course, I am not aware of the reasons for your attempt at a recall.
ThomasE1 (Florida)
Posts: 5
Posted:
Carol

Because he does not show up for any meetings. Nothing personal, other than he has decided to neither resign or show up. He is just staying away and has for months.

Biggest reason for question is that this person represents about 400 properties (his district), but the Association has over 2500 properties. We elect by district. So do we need 200+1 votes or 1250 +1 votes?

Yes, if they are recalled, new Director must be from same "District".

Our By Laws call for majority of "members"...I can find no clear case law as of yet as to whether this means "members" of this district, or "members" of the Association.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Recall votes should be on same basis as election votes. By district for one purpose. By district for every purposes. 201 votes IMO.

Sikubali jukumu. Read all posts at your own risk.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Thomas

Many Bylaws call for removal of a Director that has missed so many meetings (usually 3) without a notified excuse. Look into that.

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