RECALL OF BOARD MEMBERS
An Opinion By Jan Bergemann
Published August 15, 2017
THE BIG CHANGE THIS YEAR (2017):
THE BOARD IS RECALLED IMMEDIATELY.
Florida legislature removed former paragraph
FORMER PARAGRAPH 3 REMOVED BY HB 1237:
To me it looks like it was done on purpose in order to disallow recalled boards to postpone their removal by filing for arbitration – no matter right or wrong -- and stay in power for many more weeks or even -- by smart legal actions of the association attorney – at the expense of all unit-owners – until the next election notice made the recall moot.
Now, if I read the new law correctly, the recalled board can still file for arbitration, but since they were removed immediately, at their own expense.
We will see shortly, how Division arbitrator James Earl will “interpret” the new law. The first condo recall case is in his hands: “WHY DO ATTORNEYS DON'T READ -- OR UNDERSTAND -- NEW LAWS?”
DISCLAIMER: THESE ARE JUST GENERAL GUIDELINES TO DEAL WITH THE RECALL PROVISIONS OF FS 718.
More detailed information, forms and arbitration rulings are on a password protected site. Please click below!
You get passwords by sending e-mail to: firstname.lastname@example.org
In your e-mail please include: Name of Association, Number of Units and -- if available -- the name of the law firm your board retained. Thank you!