Removal of an Officer

Started by NinaC1 • 6 replies • 293 views

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NinaC1 (Florida)
Posts: 2

Posted:

I've scoured FL Ch. 723 law and can't seem to find an answer to my question. Can an officer be removed from their position (not the board) without A) a recall vote and B) by a simple majority vote of the homeowners? We have a situation of "no confidence" and would like the president removed from that position.

BenA2 (Texas)
Posts: 1,273

Posted:

Assuming the state code is silent on the subject, you would need to check your governing documents. It would normally be in the bylaws if there is a rule.

Typically, officers are elected/appointed by the board and serve at the pleasure of the board. If that is the case for your association, then the board can vote to remove an officer anytime they choose. The owners would normally have no say, other than voicing their opinions.

MichaelH34 (North Carolina)
Posts: 179

Posted:

Also check your governing documents in the event that your board Chairman is automatically also the President according to those docs.

Also consider if the person will effectively become dead weight on the board if you remove them from these positions but attempt to keep them on the board.

KerryL1 (California)
Posts: 14,550

Posted:

Your Bylaws should say how offices are chosen. As other wrote, usually the Board chooses/elects officers. This usually means the Board may remove the officer from that position. FL corporations codes(if your'e incorporated) should specify this if your own Bylaws do not.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

To amplify. Typically BOD Officers are elected by the BOD Members and they can be removed form those positions by the BOD and the BOD alone. Those removed form such positions are still BOD Members, just no longer Officers.

When I say removed, typically one of the BOD Members would have to call for a BOD Officer election and if seconded, a vote is held. Someone is not actually removed, they are just not voted back in to an Officer's position.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By NinaC1 on 10/25/2021 5:57 AM
I've scoured FL Ch. 723 law and can't seem to find an answer to my question. Can an officer be removed from their position (not the board) without A) a recall vote and B) by a simple majority vote of the homeowners? We have a situation of "no confidence" and would like the president removed from that position.

FS 723 is the Florida statute chapter for mobile home parks. Are you sure you have the right statute chapter?

Else if your HOA/COA/mobile home park is a nonprofit corporation, then FS 617 applies. From Section 617.0842, Resignation and removal of officers:

...
(2) A board of directors may remove any officer at any time with or without cause. Any officer or assistant officer, if appointed by another officer, may likewise be removed by such officer.

NinaC1 (Florida)
Posts: 2

Posted:

Thank you everyone for your replies. We've got our answer. Thanks again.

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