How to Remove a Board Member from a Florida Homeowners Association

In communities governed by homeowners associations (HOAs) in Florida, residents may wonder how to remove a board member who is not fulfilling their responsibilities. This article explains the current legal process for removing an HOA board member in Florida, based on Chapter 720 of the Florida Statutes.

Understanding the Recall Process

In Florida, homeowners can remove board members through a process known as “recall.” This allows a majority of homeowners to vote for the removal of one or more board members, even without a specific reason. The process is outlined in Florida Statute 720.303(10).

Steps to Remove a Board Member

1. Check HOA Documents

Before initiating the recall process, it is essential to review the governing documents of the HOA. While these documents cannot override state law, they may contain additional rules that need to be followed.

2. Gather Support

To successfully recall a board member, agreement from a majority of all voting interests in the association is necessary. This means that more than half of all homeowners eligible to vote must support the recall.

3. Prepare a Written Recall Agreement

The most common and recommended method for recalling board members involves creating a written agreement. This agreement should:

• Clearly state which board member(s) are to be removed
• Provide space for homeowners to sign and date
• Include printed names and addresses of the signing homeowners
  

While it is not required to provide a reason for the recall, clarity and simplicity in the form are important.

4. Collect Signatures

Residents can go door-to-door or hold a meeting to collect signatures from fellow homeowners. It is crucial to ensure that signatures from more than half of all voting interests are obtained.

5. Submit the Recall Agreement

Once sufficient signatures have been collected, the recall agreement should be submitted to the HOA board. The board is required to hold a meeting within 5 full business days to review the agreement.

6. Board Meeting and Decision

During this meeting, the board must either:

• Accept the recall, resulting in immediate removal of the specified board member(s), or
• Reject the recall and file for arbitration with the Florida Department of Business and Professional Regulation (DBPR) within 5 business days

7. Arbitration (if necessary)

If the board rejects the recall, arbitration will occur. An arbitrator from the DBPR will review the case and make a final decision regarding the recall.

“Residents can go door-to-door or hold a meeting to collect signatures from fellow homeowners. It is crucial to ensure that signatures from more than half of all voting interests are obtained.”

Important Considerations

• Electronic voting is not permitted for recalls; all signatures must be collected on paper.
• If a board member is successfully recalled, they are required to turn over all association records within 5 days.
• New board members can be designated in the recall agreement to replace those being removed.
• The recall process can be complex; consulting with an attorney who specializes in HOA law may provide valuable guidance.
  

After a Successful Recall

If the recall is successful—either through acceptance by the board or through arbitration—the following actions should take place:

• The recalled board member(s) must immediately vacate their position.
  
• New board members (if named in the recall agreement) will assume office.
  
• If new members were not designated, remaining board members can appoint replacements or hold a special election.

The Importance of an Attorney

Removing an HOA board member in Florida requires careful planning and adherence to specific legal procedures. By understanding and following these steps, residents can exercise their rights to ensure effective management of their community. It is important to approach this process professionally and respectfully.

For any uncertainties regarding any aspect of the recall process, seeking advice from an attorney who specializes in HOA law rather than attempting to “go it alone” would be advisable. Legal experts can assist in navigating the process correctly and help avoid potential legal issues.

South Florida Law

The process for removing a board member can be complex, and it is important to have an experienced HOA attorney on your side. At South Florida Law, we have represented clients in a wide range of HOA disputes, and we can help you navigate the process of removing a board member. Contact us today to schedule a consultation either via our contact form or by calling (954) 900-8885.