Recall of board members

Common Elements summary — Section 723.0801 lets the members of a Florida mobile-home-park homeowners' association recall one or more board members with or without cause, by a vote or written agreement of a majority of all voting interests. The recall is effective immediately upon delivery of the written recall to the board, unless the board votes to certify or not certify it within five business days. A non-certifying board must file for arbitration with DBPR; otherwise the recall stands. For park boards facing a recall this is the operative procedural section. The five-business-day clock is real — boards that try to litigate the merits of the recall before voting to certify or not certify routinely find themselves recalled by default. The arbitration path under 723.0801 is run through DBPR, parallel to the recall arbitration regimes in Chapter 718 and Chapter 720. Counsel who handle one routinely handle the others, and the procedural mistakes are similar across the three chapters.

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