Quote:
Posted By MaritzaP on 05/06/2017 1:27 PM
Hello, I need some help. We are trying to recall a Board member. According to the documents and the law we do not need a reason but we have plenty. My question is what is considered a majority vote. This is a single homes HOA and we have 200 homes here. Out documents state that the rest of the Board members can remove him. We have a Board of 4. If the Board does not want to remove him on their own. No one seems to know what a majority vote is. Now the law Statue 720.303 state that Board of Directors may be recalled by an agreement in writing or by written ballot. Now it says that a special meeting must be requested. Our documents state that a special meeting may be requested by 1/4 of the membership. Then Statue 720.303 10-b states that a director can be recalled by an agreement in writing or by written ballot.
This is very confusing and we need help. So far we have collected 50 recall forms and we are not sure how many more are needed. How do we recall this director that doesnt seem to care about the community.
The statute seems pretty clear that no meeting of the members is required to remove a director, you can circulate a petition and as long as a majority of the voting interests agree(you have 200 homes so it would require 101 votes out of the 200), the board is required to hold a board meeting. You then send the petition to the board certified mail and the process described in 2 below is initiated.
(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.
(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.
2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).