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CONDO Guide for Recall Procedures...

CONDO Guide for Recall Procedures

Recall of a board member or members pursuant to section 718.301, Florida Statutes, should be accomplished in writing by written agreement or written ballot.

1) Condo owners should choose an individual who will act as the unit owner representative during the recall effort. If the board fights the recall and petitions the Division for recall arbitration, the
unit owner representative will have an opportunity to submit written rebuttal arguments to the
Division arbitrator in response to the petition for arbitration filed by the board.

a) The unit owner's should choose someone:

i) who is accessible
ii) who will accept certified mail from the Division
iii) who is willing to commit himself or herself to the task

b) This individual does not need to be an attorney but should be someone who is familiar with the laws and procedures relating to recall and who is willing to become involved.

2) The unit owner representative should circulate the approved recall ballot forms to the other
homeowners and get them signed by at least a majority of the total voting interests.

a) A margin of 5-10% over the minimum majority figure should be obtained

b) It is common for a number of recall ballots to be rejected by the arbitrator

c) Replacement board members should be chosen and identified on the recall ballot form if the unit owners are attempting to recall a majority

d) If recall of less than a majority of the board is sought, the board members who remain after the recall are permitted to fill the vacancies

3) Early on in the recall effort, the unit owners' representative should check the covenants and see if voting certificates are required in order for the owners to cast a vote.

a) A voting certificate is a document used where a single parcel is owned by more than one person or is owned by a corporation or trust.

b) By use of a voting certificate, the multiple owners of a parcel all sign the voting certificate and designate one of the owners who shall be authorized to cast a vote on behalf of the parcel.

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