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.
We are a gated community and access is obtained by a remote (like garage door opener), key pad code or using the keypad to call the resident and the resident can press a number on their phone to open the gate. A new entry system is being installed and the board said a key pad code will no longer be an option. Access will only be by remote or calling the resident. This will effectively block anyone access if the homeowner is not at home. I am being denied the ability to have a friend or family member come to my home when I am not there or simply not sitting by my phone. There can be a million scenarios when a homeowner would authorize access when they are not home. Can the board do this?
There is a member on the board who runs a property management company for unit owners who reside in other countries. This member votes on their behalf and sits on the board. Is this legal!
There is a member on the board who runs a property management company for unit owners who reside in other countries. This member votes on their behalf and sits on the board. Is this legal!
Please contact me . I need help a board member has violated the condo documents, lied to a Magistrate who’s found them in construction violation. They refuse to put issues on the agenda. They use the condo attorney to battle their personal violations. Help
A petition by owners was presented to a condo board member to recall 3 of the 5 board members. What is the next step to get the recall process going
Subject: Detailed Overview of Condo Board Recall Process as Per Florida Statute 718.112
Dear Rafael,
In response to your inquiry about the recall process for condominium association board members, I’ve outlined the key steps and timelines according to Florida Statute 718.112(2), specifically focusing on section (l) regarding the recall of board members:
If the recall is proposed by a written agreement from a majority of voting interests, it must be served on the association by certified mail or personal service.
The board must then hold a meeting within 5 full business days after receiving the written agreement.
The recall becomes effective immediately upon the conclusion of this board meeting, subject to facial validity.
The recalled member is obliged to return all association records and property within 10 full business days.
Board’s Failure to Act:
If the board does not hold the required meeting within 5 full business days after service of the written agreement or the adjournment of the unit owner recall meeting, the recall is deemed effective.
The recalled board members must turn over all association records and property within 10 full business days after the vote.
Challenging the Board’s Decision:
Best regards,
Can a board president remove a board member for an outstanding utility bill and no notice was given to cure the outstanding balance in a condo association and all water and sewer bills are collected by a third party company.
Section 718 covers condo associations.
Section 723 covers mobile home parks
Good evening. My name is Iris and I reside broward county. My inquiry is threaten impeachment if I held a community gathering just to answer questions that the Board is not recogning?