How to Remove a Problematic HOA Board Member in Florida

HOA board members in Florida have significant responsibilities. They’re in charge of leading multi-million-dollar non-profit organizations and doing so with relatively little training and experience. It’s hard work, and it’s not for everyone.  

Sometimes, for one reason or another, not all board members can fulfill the roles and responsibilities they were elected to do. Maybe they never show up to board meetings or worse, they engage in malicious behavior. If your Fort Lauderdale homeowners association finds itself in the position of needing to remove a board member, what can you do?

Steps to Remove a Board Member in Florida

Before going down the path of board member removal, you should first review your governing documents and 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.”

Understanding the procedures for removing a board member is imperative for fairness and compliance. Once you know the general process per your HOA and state laws, here are some next steps to follow.

• Identify grounds for removal – Determine the specific grounds for removing the problematic board member as outlined in your governing documents. Common grounds for removal may include violation of fiduciary duties, breach of code of conduct or ethics policies, failure to fulfill board responsibilities, and others.

• 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 before circulating the petition. The petition must also state the reason for removal as noted above.

• Allow the board member to respond – On occasion, board members 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 on a board member’s removal, there must be adequate notice and a majority vote. Be sure to follow all legal procedures when holding meetings and voting. We advise consulting with an HOA attorney.

Removing a community association board member is not a quick and easy process, and it’s imperative that your association follows all rules when doing so. Before taking action to remove a condo association board member, consult an experienced Community Law attorney who can guide you during this process. Contact usat Dania Fernandez and Associates, P.A. to ask your questions and discuss your options.