Removing an HOA Board Member

If homeowners are having difficulty removing a board member from their homeowners association (HOA), they may want to consider seeking professional legal assistance. Legal counsel can help homeowners navigate the often complex process of removing an HOA board member. We have a team of experienced professionals who can help you every step of the way, from understanding the removal process to taking legal action, if necessary. 

Removing board members from an HOA can be a challenging process.  As homeowners in a community governed by a homeowners association (HOA), individuals may have questions about how to remove a board member. The process can be complicated, and it is important to understand the specific rules and procedures of their particular HOA.

An experienced HOA attorney can help homeowners navigate the process of removing a board member. An experienced HOA attorney will have represented clients in a wide range of HOA disputes, and will be familiar with the challenges that can arise in these cases.

There are several reasons why homeowners might want to remove a board member from their HOA. Perhaps the board member has engaged in misconduct, or maybe homeowners simply disagree with the way the HOA is being run. Whatever the reason, it is important to understand the process for removing a board member before taking any action.

The Process

The recall process is outlined in detail in the Florida Statutes 723.078.

The first step in the process is to send a written demand to the board member that the homeowners wish to remove. This demand must state the reason for the removal and must be signed by a majority of the homeowners in the HOA.

Once the demand is received, the board member has the right to respond. The board member may choose to resign, or the board may decide to hold a hearing on the matter. If a hearing is held, the board must provide the homeowners with notice of the hearing and an opportunity to be heard. Note that in Florida, it is prohibited to use email and other electronic notice when calling an HOA meeting that will in whole or in part discuss the recall of a board member. 

“…it is important to understand the specific rules and procedures of their particular HOA.”

After the hearing, the board will vote on whether to remove the board member. In general, if a majority of the board members vote to remove the board member, the board member may be removed from the HOA board with or without cause.

Upon a successful vote to remove the board member, the HOA’s board of directors are required to give due notice and hold another meeting of the board within five days of the decision. At the meeting, the board shall either certify the written recall agreement or present their intention to arbitrate against the decision. 

If the agreement is certified by the board the recalled member or members will be considered immediately recalled.  Within five business days, recalled members are required to turn over all records and property of the association back to the HOA board.

However, if the board decides not to certify the agreement, the board has five business days to file a petition with the Division of Florida Condominiums, Timeshares, and Mobile Homes to begin a binding arbitration according to the statutory requirements outlined in 723.1255. In such a case, the HOA members who voted to recall the board member will collectively make up one of the parties in the arbitration. The arbitrator’s decision is final.  In the case that the arbitrator certifies the recall of the board member the effect takes place immediately upon receipt of the mailed decision. 

Enforcement

If a board fails to comply with a recall order of the arbitrator, the Division of Florida Condominiums, Timeshares, and Mobile Homes may take action under Florida Statutes 723.006.  Enforcement powers granted to the division are significant and include sending a cease and desist letter and imposing civil fines up to $5,000 per day for continued violation.

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.