We all know that HOA RECALLS [FS 720.303(10)] work if done according to the established guidelines.
These HOA recall provision were included into FS 720 in 2004, when Karen Tysenn (one of our CCFJ board members) and I as members of the HOA Task Force convinced the other members of the Task Force that owners needed a voice to remove dictatorial or incompetent board members from office.
The wording of the HOA recall provisions have not been substantially changed since they were enacted by the Legislature in 2004 (SB 2984 – sponsored by Senator Jeff Atwater). These provisions have proven to be an excellent weapon for owners to make necessary changes to the board if they don’t want to wait until the next annual election.
Many arbitration cases have created sufficient case law. It should be reasonable easy for a halfway experienced attorney to know from starters if a recall will be successful or not.
But we see it all the time that management companies or CAMs, afraid to be getting fired by the new board interfere in the process and create a serious mess that in the end has to be paid for by the owners.
Such a case of incompetent managers creating a totally messed up recall can be found in the case: “Bradford Creek Owners' Association, Inc. v. Misty Mehan, Unit Owner Representative Of Members Voting For Recall”
Debra Zimmerman, working for Evergreen Lifestyles Management, took it upon herself to create her own recall provisions which obviously wasn’t approved by the arbitrator ruling in this case. In his ruling he stated that especially the “improper conduct by the management company” caused the second recall failed. But in my opinion the association attorney Karen Wonsetler should have quickly decided that all the legal fees would go nowhere for the association.
I have seen many recall cases, but I have seldom seen a more confusing “second” recall case as this one created by the management company.
Just read the arbitrator’s “SUMMARY FINAL ORDER”.—and find out if you find this case as confusing as I did.