Serving on a condo association’s board is hard work. Not everyone is up for the challenge and responsibilities. Sometimes, for a variety of reasons, not all board members end up passing muster when it comes to fulfilling the roles and responsibilities they were elected to do.
Maybe they just never show up to board meetings or worse, they engage in malicious behavior. If your Miami condo association finds itself in the position of needing to remove a board member, what can you do?
Steps to Removing a Condo Board Member in Florida
- Review your bylaws – If you need to remove a board member, the first place to look is your association’s bylaws. Your documents should contain a section for board member removal. Per Fla. Stat. §723.078(i), any board member “may be recalled and removed from office with or without cause by the vote of or agreement in writing by a majority of all members.”
- Prepare your petition – Pursuing a board member’s removal requires you to first draft a petition Check your bylaws to see if there’s a specific format or number of signatures required prior to circulating the petition. The petition must also state the reason for removal.
- Allow the board member to respond – It’s possible the board member may choose to resign on their own accord. That’s generally the simplest path but not always the one taken…
- Schedule a meeting to vote on the board member’s removal – If a hearing is to be held, there must be adequate notice and a majority vote. Following that hearing, the board must then hold a subsequent meeting within 5 days of the vote to certify the written recall agreement or present their intention to arbitrate against the decision.
Removing a condo board member is not a quick and easy process, and it’s imperative that your association follow your COA’s bylaws and Florida law. Before taking action to remove a condo association board member, consult an experienced Community Law attorney who can guide you and advocate for you during this process. Contact us at Dania Fernandez and Associates, P.A. to ask your questions.
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