Who deal with DBPR to remove board members?

Hi everybody,

Our condo signed recall ballots for board members,

hoa attorney accepted ballots,

But they refusing to leave…
So we going to remove them through DBPR.

Question:

Who ever deal with DBPR?
It was successful?
How is everything work step-by-step?
Are they sufficient?
How long does it take?

Appreciate for the help!

Sten

I'm sure you'll hear from some of the Florida posters here, but if you expect this to be resolved quickly (whatever that means), that probably won't happen.

There is a copy of the complaint form online that lists the information that should have accompanied the complaint, so I hope whoever prepared this took a good look. When the complaint comes in, the department has to determine if it has jurisdiction or if you have to send additional information - that can slow things down. From some of the articles I read, this agency's staff is overworked and understaffed - hopefully, things have improved. Otherwise, that could be another delay.

Normally, I'd say your association attorney would respond on behalf of the board - he or she might do that, but this could be tricky because this is the same board everyone recalled. They're either being stubborn (and it takes time to hide all the dirty stuff that may have happened!) or are going to say something wasn't done according to the documents and therefore the recall wasn't valid. That will make things more complicated and neither side is guaranteed to win. None of this means it was a waste of time to go this route - it may be a letter will be enough or more arm twisting and a little more will be appropriate. Meanwhile, the association still has to be run and the bills paid, so I hope the HOA attorney is helping the board (such as it is) address that.

PS: for those who don't live in Florida, DBPR is the state Department of Business and Professional Regulation (it would have been nice if you'd spelled that out - not everyone here is from Florida)

You say that you signed recall ballots.

Did a group of homeowners get together, gather signatures and request a special general membership meeting for the purpose of recalling the board first?

The typical procedure for a recall is:

Members gather signatures on a petition to hold a special membership meeting to recall current, and elect new, board.
Petition is submitted to the board for verification that enough members have signed to call a special meeting.
A special meeting of the membership is scheduled
Notice is sent to the membership about the meeting (perhaps proxy forms or ballots as well).
Meeting is held and a vote is cast.
Ballots are counted and, if successful a new board is elected.

OR

If successful then the process of identifying nominees and another meeting to elect replacement board is started.

My question is, was the above process followed?