CONDOMINIUM  EDUCATION:

RECALL OF BOARD MEMBERS

An Opinion By Jan Bergemann

Published August 15, 2017

THE BIG CHANGE THIS YEAR (2017):

THE BOARD IS RECALLED IMMEDIATELY.

The Florida legislature removed former paragraph (3) that allowed the board – at a special recall board meeting – to vote either to certify or not to certify the recall. With removing this paragraph the legislature voted to remove the recalled board members’ ability to reject the recall petition and file for arbitration using the association attorney.

FORMER PARAGRAPH 3 REMOVED BY HB 1237:

861    3. If the board determines not to certify the written

862 agreement to recall a member or members of the board, or does

863 not certify the recall by a vote at a meeting, the board shall,

864 within 5 full business days after the meeting, file with the

865 division a petition for arbitration pursuant to the procedures

866 in s. 718.1255. For the purposes of this section, the unit

867 owners who voted at the meeting or who executed the agreement in

868 writing shall constitute one party under the petition for

869 arbitration. If the arbitrator certifies the recall as to any

870 member or members of the board, the recall will be effective

871 upon mailing of the final order of arbitration to the

872 association. If the association fails to comply with the order

873 of the arbitrator, the division may take action pursuant to s.

874 718.501. Any member or members so recalled shall deliver to the

875 board any and all records of the association in their possession

876 within 5 full business days after the effective date of the

876 recall.

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: [email protected] 

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!