Removal of board members by recall

Common Elements summary — Section 718.112(2)(j) gives unit owners the right to recall any board member, with or without cause, by a majority of the total voting interests. The recall is initiated by a written agreement signed by the requisite owners or by a vote at a unit owners' meeting called for that purpose. The recalled director's term ends on the date the recall is "served on the association" — meaning the day the petition is hand-delivered or mailed certified mail to the registered office. The board has five full business days to either (a) hold a meeting and certify the recall (in which case the recalled directors are out immediately) or (b) file a petition for arbitration with DBPR's Division of Florida Condominiums challenging the recall. There is no other option. A board that ignores the petition is automatically deemed to have certified it. Common board mistakes: (1) "investigating" the recall instead of certifying or arbitrating within five business days; (2) refusing to recognize signatures the board thinks are stale; (3) holding a board meeting "to discuss" the recall without certifying or rejecting. All three are losing positions. When a recall petition lands, call counsel that day.