Question: All sorts of rumors have been flying around our condominium community about the actions (or inactions) of the current board and, more specifically, the president of the association. A group of owners started a recall against the president and asked me to sign a form to show my support for the recall. I signed the form. I later learned that a board meeting was called to vote on the recall petition. I attended the board meeting. The president spoke at the meeting and explained his side of the story. I believed what he said and I wanted to change my vote. The owners who were pushing for the recall told me I couldn’t change my vote. The recall was approved by the other directors and the president was removed from the board. Was this legal? M.D. (via e-mail)
Answer: From what you have stated, probably yes. Recalls can be tricky. The required procedure to recall a director from a condominium association is specifically outlined in Florida Statutes and the Florida Administrative Code and are available on-line. Recalls can be pursued through a vote of the members at a membership meeting or through a written agreement. A majority of all the unit owners must vote to approve a recall for it to be effective against a director or multiple directors.
From your question, it appears that a recall by written agreement was used. The Florida Administrative Code states the following: “…Any rescission or revocation of a unit owner’s written recall ballot or agreement must be done in writing and must be delivered to the board prior to the board being served the written recall agreements.” In your case, since you did not revoke your vote prior to the time it was served upon the board, you were unable to change your vote.
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