What Could Warrant the Removal of a Director?

By October 21, 2019 October 28th, 2019 Condo & HOA Law

Under what circumstances can a director be removed from the Board at a condominium?

J.H., Port St. Lucie

 

Although not always an easy thing to do, there are some circumstances that could warrant the removal of a director. This includes such things as being charged with felony theft or embezzlement of association funds. Or if a director is more than ninety days delinquent their maintenance fees, that would also lead to automatic removal. Likewise, if a Board member is required under the governing documents to be an owner and sells his unit/home, that may force an immediate removal. Beyond these types of automatic triggers, there are specific procedures in the HOA (or Condominium) Act that you would need to follow to recall a director. For example, for an HOA, Section 720.303(10)(a) of the Florida Statutes provides that a member or members of a homeowners’ association’s board of directors may be removed by a vote of the majority of the association’s voting interests. The statute also provides that the recall may be without cause. This means that the homeowners seeking the recall do not have to provide a reason for recalling a director. The homeowners simply have to follow the procedures of the statute and applicable administrative rules. Homeowners may recall a member or members of their board by a vote at homeowner meeting or by written recall agreement. Similarly, under Section 718.112(2)(j) of the Florida Condominium Act, any board member can be recalled and removed from office with or without cause by a vote or written agreement of a majority of all voting interests. A special meeting of the unit owners to recall a member or members of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of unit owners, and the notice must state the purpose of the meeting. After a director is recalled, Florida law allows the board to fill the director’s vacancy by appointing a new director, pursuant to a majority vote of the remaining directors, even if it is less than a quorum. The appointed director then serves the remainder of the recalled director’s term.

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Harris B. Katz, Esq., is Managing Partner, Boca Raton of the Law Firm Goede, Adamczyk, DeBoest & Cross, PLLC. To ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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