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What is the legal procedure for removing a Board Member ?

Real Estate 3 views 4 answers
The By-Laws state " At any time after the first annual meeting of the membership, at any duly convened regular or special meeting any one or more of the members of the Board Of Directors may be removed with or without cause by the affirmative vote of the voting members casting not less tan 2/3 of the total votes present at said meeting."

Attorney Answers

4
Alan Brinkmeier ·
Affirmative vote of 2/3 of the voting members.
0 upvotes
William Cassara ·
That language seems pretty clear. 2/3 vote.
0 upvotes
Nancy Pico CampigliaAdministrative Law LawyerOrlando, FL ·
In addition to being intimate and following the mandates of the bylaws, you may begin your inquiry by contacting the Department of Business and Professional Regulation for forms and other procedures. 850.488.1122 myfloridalicense.com. If contested, then you will likely require an attorney that practices in the field of administrative law in Florida.
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Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
The issue here is the recall statutes in Chapter 718 and Chapter 720 require a majority (50% + 1) of the total membership to vote to recall a director regardless of any language in the governing documents. The bylaw language you quote above requires 2/3 of the total votes present at a meeting, which is not 2/3's of the total membership. The statute trumps the bylaws in this case.. The recall procedures are very technical and I recommend you review them online at the Dept. of Business and Professional Regulation's website. The link is below. You should probably consult with a condo/HOA lawyer as well.
0 upvotes

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