Guiding HOA Boards When Recall Actions Occur
The recall action is a mechanism for removing directors from a homeowner association board. It is among the most sensitive issues an HOA board can face. Understanding the rules on these actions and properly navigating them is vital to ensuring the stability of your community.
Here at Pincus & Currier LLP, we understand what it takes to guide Florida HOA boards through recall actions. From our office in West Palm Beach, our experienced, knowledgeable and dedicated attorneys are ready to provide you with the solution-focused support you need in these delicate circumstances.
Who Can Recall A Director?
In Florida, an HOA board director can be recalled by a majority of the association’s eligible voting interests. Who holds voting interests is the same as in board elections. A recall can occur with or without cause.
How Recalls Are Initiated
Recall actions are initiated by the association’s members. There are three ways a recall action can happen under state law:
- By written agreement from a majority of voting interests
- By written vote from a majority of voting interests
- By a vote at an HOA meeting (this option is only available if the HOA’s governing documents allow it)
If a majority vote for recall occurs through any of these methods, the board is to be promptly informed.
What Options Does A Board Have?
Upon learning of a recall action’s majority support, an HOA board has five business days to hold a meeting. At this meeting, the board has two choices:
- Certify the recall action, making it effective immediately
- Decide to legally contest the recall
If the board does not meet within the specified time frame, the recall automatically takes effect.
Helping You Respond To Recall Actions
How your HOA board responds to a recall effort is extremely impactful. Mistakes or oversights can create huge legal problems for your board. Our lawyers stand ready to assist your board in understanding your responsibilities, taking steps to preempt disputes and exploring your options if disagreements occur.
Safeguard Your Association’s Future By Reaching Out Today
Get the knowledgeable and dependable guidance your HOA board needs when it comes to recall actions. We are ready to help you protect your HOA and best interests. Learn more by calling 561-485-4291 or reaching out by email.