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FredW5 (Florida)
Posts: 177
Posted:
Hello.
A board member has placed our community in a dangerous situation. One of our community streets which was a "dead end" , had a gate at its end, which was removed due to damage, and has not been replaced for over 5 months, due to inaction of replacement by a board member who is in charge of our streets. Since then, there have been several accidents, and vandalism of properties and cars. there is now traffic entering through this now open area which leads to a busy road. . Can residents vote , or petition to have this person removed from the board, or can the other Board Members be the only ones to have him removed? Rresidents want to file a class action suit against the board, and the management company for their inaction.
BobB31 (Florida)
Posts: 178
Posted:
Of course:
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Recall Procedures
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Fred

One BOD Member cannot hold up the entire BOD. The delay is with the BOD, not the one member. Spend your time and effort on this.
GenoS (Florida)
Posts: 4,276
Posted:
Good answers so far. In fact, Fred, the other board members cannot remove him or her. Only the homeowners can do that. You'll need a majority of all homeowners to do it but if you follow the proper procedures yes, it can be done.
FredW5 (Florida)
Posts: 177
Posted:
Thanks for the prompt, concise responses.
SamE2 (New Jersey)
Posts: 310
Posted:
Our HOA documents have the procedures for removing a board member in them.
BobB31 (Florida)
Posts: 178
Posted:
In Florida, the statute overrides what is in the governing docs. For example, our 1970s vintage bylaws require a 2/3 majority. This is overridden by the 2018 statute.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By SamE2 on 06/04/2019 2:09 PM
Our HOA documents have the procedures for removing a board member in them.

Not applicable in Florida. Felony charges aside, the only way to remove a director from the board in Florida is for the owners, by majority vote, to recall him/her. Bylaws that say anything else are void.

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