| Andrew C. Demos, P.A. Attorneys at Law |
Community Association Attorneys
Recall Meetings and Agreements
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Directors may be removed pursuant to an election or recall. On the other hand officers may be
removed pursuant to a vote of a majority at a board meeting; however, if the person is also a director,
he or she will remain on the board of directors as a director until and unless they are removed
pursuant to a certified recall or an election.
A recall of one or more board members can be effectuated pursuant to a recall meeting or a recall by
written agreement.
In order for a recall by unit owners’ meeting to be valid, it must substantially comply with the
requirements of rule 61B-23.0027, Florida Administrative Code (FAC). FAC requires that prior to
noticing a unit owner meeting to recall one or more members of the board, a list shall be circulated
for the purpose of obtaining signatures of not less than ten percent of the voting interests. FAC
further requires that a particular type of notice of the recall meeting must be provided pursuant to
FAC. Other restrictions and requirements apply.
For a recall by written agreement to be certified: (a) there must be a vote to recall the director(s) of
the board by a majority of homes in the community; (b) the recall ballots must include the name
address and signature of the person signing a recall ballot; (c) the recall ballots must designate an
owners representative who opened and tallied the votes; (d) the recall agreement with ballots must be
properly served upon the board of directors. Other restrictions and requirements apply.
Both forms of associations require a majority vote of the members of the association to warrant the
recall of one or more directors of the Board of Directors.
If a Board of Directors receives a recall agreement containing a purported sufficient number of valid
ballots to remove a director, the Board of Directors must notice and conduct a meeting within five (5)
business days thereafter to vote on whether to certify the recall.
If the Board of Directors votes not to certify the recall effort, the Board of Directors must have
specific reasons with Minutes of Meeting and must file a Petition for Recall Arbitration within five (5)
business days of said meeting on whether to certify the recall effort.
Call or send an e-mail today for a consultation at (954) 332-2379 and/or Andrew@DemosLaw.com
The information contained on this page and within this website is not to be construed as legal advice
and any persons interested in obtaining information for a particular situation should contact an
attorney to discuss same. A legal opinion will be provided if and when a consultation with our office
occurs. Please contact our office today.
The hiring of an attorney is an important decision that should not be based solely upon
advertisements. Before you hire an attorney, you have a right to ask for further information regarding
the attorney's background, training and experience.
Se Habla Espanol
Copyright 2007 (c)
removed pursuant to a vote of a majority at a board meeting; however, if the person is also a director,
he or she will remain on the board of directors as a director until and unless they are removed
pursuant to a certified recall or an election.
A recall of one or more board members can be effectuated pursuant to a recall meeting or a recall by
written agreement.
In order for a recall by unit owners’ meeting to be valid, it must substantially comply with the
requirements of rule 61B-23.0027, Florida Administrative Code (FAC). FAC requires that prior to
noticing a unit owner meeting to recall one or more members of the board, a list shall be circulated
for the purpose of obtaining signatures of not less than ten percent of the voting interests. FAC
further requires that a particular type of notice of the recall meeting must be provided pursuant to
FAC. Other restrictions and requirements apply.
For a recall by written agreement to be certified: (a) there must be a vote to recall the director(s) of
the board by a majority of homes in the community; (b) the recall ballots must include the name
address and signature of the person signing a recall ballot; (c) the recall ballots must designate an
owners representative who opened and tallied the votes; (d) the recall agreement with ballots must be
properly served upon the board of directors. Other restrictions and requirements apply.
Both forms of associations require a majority vote of the members of the association to warrant the
recall of one or more directors of the Board of Directors.
If a Board of Directors receives a recall agreement containing a purported sufficient number of valid
ballots to remove a director, the Board of Directors must notice and conduct a meeting within five (5)
business days thereafter to vote on whether to certify the recall.
If the Board of Directors votes not to certify the recall effort, the Board of Directors must have
specific reasons with Minutes of Meeting and must file a Petition for Recall Arbitration within five (5)
business days of said meeting on whether to certify the recall effort.
Call or send an e-mail today for a consultation at (954) 332-2379 and/or Andrew@DemosLaw.com
The information contained on this page and within this website is not to be construed as legal advice
and any persons interested in obtaining information for a particular situation should contact an
attorney to discuss same. A legal opinion will be provided if and when a consultation with our office
occurs. Please contact our office today.
The hiring of an attorney is an important decision that should not be based solely upon
advertisements. Before you hire an attorney, you have a right to ask for further information regarding
the attorney's background, training and experience.
Se Habla Espanol
Copyright 2007 (c)
| E-mail us now at: Andrew@DemosLaw.com |