| RECALL BOARD OF DIRECTORS |
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Published 10 -05 - 2004 By Jan Bergemann
The new HOA bill SB 2984 gave homeowners living in associations in Florida the exact instructions for the recall of the board. Florida Statutes FS 720.303(10) explains in detail how it's supposed to be done. Many expensive law suits regarding recall issues made it necessary for the legislature to take the necessary action. In Lake Charleston in Palm Beach County a judge reinstated the board after a lengthy court battle. And in Orlando the recall case of Southchase Parcel 45 ended in Appeals Court and is far from over for the community. In order to recover some of the outrageous cost the new board filed a malpractice law suit against the former attorneys representing the association. In this law suit the law firm of Wean & Malchow P.A. is accused of creating the "unnecessary defiant expense" as stated in the court's opinion.
Whatever the outcome in both cases it created huge legal fees for both communities. Expenses that could have been avoided if the new regulations would already have existed.
The Department of Business and Professional Regulation will be conducting arbitration in recall disputes if necessary. They published an instruction sheet to conduct the recall and a form to use for that purpose called WRITTEN RECALL AGREEMENT.
And in case the board doesn't certify the recall as required you can file a PETITION FOR RECALL ARBITRATION . But in the interest of all homeowners, save the dues. Despite this arbitration it can get quite costly, if the right attorney firm starts billing.
The DBPR has published the HOA Guide to Recall Procedures . It will be very helpful for homeowners trying to avoid huge legal bills for recalling the board of their association.
Use
this new recall method, but use it wisely!
By using the guidelines and the provided forms you should be successful! WRITTEN
RECALL AGREEMENT INSTRUCTIONS To
recall and replace board directors listed on the recall agreement,
please follow the steps below: (1)
In Block A on the attached form, place a checkmark on the "Recall"
line next to the name of each board director you wish to recall and
remove from the board. Place a checkmark next to the board director's
name on the "RETAIN" line if you are voting for the board
director to remain on the board. (2)
Place a checkmark next to the names of the candidates in Block B
who you wish to replace the recalled board directors 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 directors in Block B should be included
and filled in on the written agreement only if a majority or more
of the board directors are sought to be recalled. Where a majority or
more of the board directors are recalled, the homeowners have the right
to name replacement board directors. If less than a majority of
the board is recalled, the remaining board directors have the right to
appoint replacements. (3)
In Block C, print your name and address of the parcel (property)
subject to the homeowners’ association 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 parcel 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 parcel. 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)
Return the executed agreement to the homeowners' representative
named in the agreement in Block C. BEFORE STARTING A RECALL, PLEASE CONTACT CCFJ AT: [email protected] FOR MORE UP-TO-DARE INFO PLEASE GO TO: |