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BenR2 (Florida)
Posts: 16
Posted:

We have a board member that the president did not like even before he was elected in 2020.

He has done everything to try and get him to resign. We have over 280 owners and most are considered vacation condos.
So the owners are never around to see what is going on, much less show up to a board meeting.

As a last resort a recall was started, using a relative of the LCAM that owns one of the condos.

Also while the recall is going on we have a committee that was formed to look into getting a private management company.
If this goes through than our current LCAM and fulltime Admin would probably lose their job.

Well we recently found out that the Admin used owners phone numbers that she retrieved while working to call owners to come in and sign the recall.
Also when owners came into the office to ask questions, she would hand them a ballot and give them a reason to sign the recall.

They also never sent out the recall letters to all the owners, only to people they thought might sign it.

So were trying to figure out if these tactics are legal.
3 of the board members seem to be okay with this.
As of right now they claim to have enough votes and even had the lawyers validate the 145 ballots.
Which makes me even more angry thinking about how much the attorney's charged for this task.
JohnC77 (California)
Posts: 562
Posted:
I have managed HOA's for 12 years and never seen a successful recall. of either one or entire board.
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, it seems SOMEONE liked the board member, otherwise he wouldn't have been elected in the first place. Then again, it looks like apathy is strong in this community because people only show up to use their condos for vacation, and that's the primary reason recalls fail, as John noted.

Another reason is that the people clamoring for the recall don't always think the thing through and they never plan. It's great that you have a committee, but its FIRST job was to see the recall through - have your meeting and vote, and if you're successful in voting out this person, you'll need to have someone ready to replace him. THEN, the board can consider replacing the property manager.

So let's step back and take a deep breath and review what's happened so far. First, what's the problem with this board member? I know what you said about the president, but I want YOU to answer the question. Are you concerned about the way he's done the job? Could it be the president has disliked him because he's the only one who will stand up to him - and perhaps you've fallen for whatever BS the president has said about him? This board member is only one vote, so what's going on with the rest of your board? Especially the ones who seem to be ok with what the administrator is doing. I prefer board members who think for themselves - have you asked them how they feel about him?

The committee that was set up should have sent out their own letters to the homeowners and then followed up. You might not have had everyone's phone numbers, but could have started with what you had and perhaps those homeowners could have given you numbers to everyone else. That said, if the administrator was trying to get others to sign the recall, it would appear she was trying to be helpful, although it's completely inappropriate in my view (inappropriate isn't always the same as illegal). As to whether all of this is legal, ask a private attorney - most of us aren't attorneys and what's true in your state isn't necessarily true in mine or vice versal.

Oh, and read your documents - again. They should explain what it takes to call a special homeowners meeting, where stuff like recalls often happen. There's also language about board elections and perhaps recalls. Your committee should have looked at all of that to make sure everything was done correctly, because this board member could speak to his own attorney and challenge what's happening. If you missed a step or two, the ASSOCIATION (you and your neighbors) might be held liable.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Whatever they're doing, the process has to comply with the state's regulations on HOAs or condos, depending. If it doesn't, it can be challenged and any results overturned in court. If it does comply, then yeah, they can do it - whether they actually get anywhere is another matter.

According to most governing docs, board members serve at the pleasure of the members and can be removed at any time, with or without cause.

And this points out my main beef with community associations in general: when you buy into one, you become the legal and financial partner of every other member, without any ability to vet your business partners before or after you sign on the dotted line. Either you can live with this, or you can't.
ChadH3 (Alabama)
Posts: 50
Posted:
Ben, do the bylaws of your association specifically address removing a Director from the Board?

Our's specifically outlines that process so that would be my suggestion on where to start.
BenR2 (Florida)
Posts: 16
Posted:
Thanks everyone for the information...

He was voted in with 1/3 of the votes..

The recall was confirmed at a board meeting last night.
They claim they got 60% of the condo owners to approve the recall.

This was accomplished by the Admin assistant using company time and phone numbers that she has access to because she works in the office.
She would call people and ask them to come into the office to fill out a ballot.
If someone came into the office she would ask them to fill out a ballot.

She told people she was doing this because a committee is working on getting researching a Management company and she's afraid of losing her job.
Which I know, is no reason for what she has done..

I know that the board member that was recalled is sending a complaint into the FL state office to get this overturned.
And we are asking to see the ballots, so that we can validate them ourselves...

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