RECALL BOARD OF DIRECTORS HOMEOWNERS' ASSOCIATION CONDOMINIUM ASSOCIATION |
PUBLISHED JULY 23, 2007
One of the easiest ways to create necessary changes in the leadership of the association is the recall of the board -- either recalling just certain board members or the whole board. This solution becomes more and more popular, because if done right it's often the fastest and least expensive way to create the necessary changes! If done according to the guidelines, you can hardly fail if you use the forms supplied by the Division.
The named representative can be any owner in good standing, preferably knowledgeable about the recall provisions -- and should be computer knowledgeable. Lot of the documents are being exchanged as pdf files, if it goes to arbitration. It doesn't matter if the named representative is one of the replacement directors.
You need 50% + 1 vote to succeed with a recall. Experience has shown, that you always lose a few for various reasons. To be on the safe side always collect a few to spare.
And don't forget, always compare the names and signatures on the petitions with the latest membership roster, best printed out from the local Property Appraiser's website. Don't necessarily rely on the one you received from the board or management company. Often they are outdated -- sometimes we have even seen old lists handed out on purpose. That will later be used to challenge the recall. Don't ever forget: Association attorney and management company are often on the side of the sitting board -- they sign their pay-checks! And attorneys for the board are only too happy to challenge the recall -- it's often the last paycheck from that association if the recall goes through! Be careful and strictly follow the guidelines. If you read the Recall Arbitration Rulings you will find that some of the recalls didn't succeed because of tiny errors or plain oversights!
Qualified Representative: Parties to arbitration can choose to represent themselves or have a qualified representative present their case rather than an attorney. There are cases where mediation or arbitration parties represent themselves and are successful in their proceedings. It is important to remember that if you appear on behalf of another party, you must be either a Florida licensed attorney in good standing or have been designated as their qualified representative and have completed and submitted the qualified representative form to the Division.
Here are the official guidelines issued by the DBPR Arbitration -- please read carefully:
SAMPLE
WRITTEN RECALL AGREEMENT INSTRUCTIONS To
recall and replace board members listed on the recall agreement,
please follow the steps below: (1)
In Block A on the attached form, place a check mark on the "Recall" line next to the name of each board member
you wish to recall and remove from the board. Place a check mark next
to the board member's name on the "RETAIN" line if you are
voting for the board member to remain on the board. (2)
Place a check mark next to the names of the candidates in Block
B who you wish to replace the recalled board members OR
you may write in your own choices. DO
NOT VOTE FOR MORE THAN A TOTAL OF the
NUmber of directors sought to
be recalled. This includes voting for persons listed, write in
votes, or a combination. The
ballot for replacement board members in Block B should be included
and filled in on the written agreement only if a majority or
more of the board members are sought to be recalled. Where a majority
or more of the board members are recalled, the owners have the right
to name replacement board members. If less than a majority of
the board is recalled, the remaining board members have the right to
appoint replacements. (3)
In Block C, print your name and unit number in the space
designated. Sign the agreement in the space designated. This will
affirm that you are authorized to cast the vote, in the manner
required by the documents. If your unit is owned by more than one
person, your documents may require that a voting certificate be filed
with the association designating which owner has the authority to cast
votes on behalf of the unit. If your documents require a voting
certificate and one has not been filled out and delivered to the
association, your vote may be rejected. (4)
Important Note:
To ensure that your signature is official, you may optionally
have someone else sign as a witness.
This is not necessary in order for your ballot to be
acceptable, but it is highly recommended, should someone dispute the
authenticity of your signature or this ballot. Return the executed agreement to the unit owners' representative named in the agreement in Block C.
Here are a few hints that you don't necessarily find in the guidelines:
1.) You can't
premark the check boxes.
DISCLAIMER: THESE ARE JUST GENERAL GUIDELINES TO DEAL WITH THE RECALL PROVISIONS OF FS 718 and FS 720. Please check for more detailed information, forms and arbitration rulings by sending e-mail to: [email protected] Please include in your e-mail: Name of Association, Number of Units/Homes and -- if available -- the name of the law firm your board retained. Thank you! |