Serving on a community association board is a position of trust, responsibility and accountability. But what happens when a board member is no longer acting in the best interest of the association, or worse, violating governing documents or state law?
Florida law provides mechanisms for removing (or “recalling”) a director from a condo or HOA board, but the process must be done lawfully and carefully. Here’s what you need to know about removing an association board member in Florida.
Identifying Grounds for Removal
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. Board members can be removed with or without cause in Florida, but common reasons include:
- Violating the association’s governing documents
- Engaging in misconduct or unethical behavior
- Missing multiple board meetings without justification
- Failing to fulfill fiduciary duties
- Loss of eligibility (e.g., delinquent dues, felony conviction)
If you encounter any of these issues, you may petition to remove the board member.
How to Remove a Board Member
- Review your governing documents – Before initiating any removal process, consult your bylaws, articles of incorporation and condo law attorney. Governing documents often provide specific procedures or thresholds for board member removal.
- Follow the statutory recall process – Under Florida Statutes §718.112(2)(j) (for condos) and §720.303(10) (for HOAs), homeowners can remove a board member through a member recall, either by a vote at a special meeting of the owners or written recall agreements signed by a majority of all voting interests.
- 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 or easy process, and your association must follow your association’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.
