HOW TO RECALL A BOARD OF DIRECTORS
The 2006 Florida Statutes
(j) Recall of board members.--Subject to the provisions of s. 718.301, any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. A special meeting of the unit owners to recall a member or members of the board of administration may be called by 10 percent of the voting interests .........
2. If the proposed recall is by an agreement in writing by a majority of all voting interests, the agreement in writing or a copy thereof shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure. ......
.........If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this subsection. The rules must provide procedures governing the conduct of the recall election as well as the operation of the association during the period after a recall but prior to the recall election.
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In Monroe County, anything over $2,500.00 requires a Permit. A permit is the best guarantee for the consumers, that the job will be done correctly. In a Condominium, the real Consumers are the Homeowners, not the Board.
The permit guarantees inspection by qualified County Professional Inspectors.
To pull that Permit, a Contractor must be qualified for the particular line of work, be it "roofing" or "concrete restoration", or painting. The Contractor must present his license, and must also present his proof of liability and workmen-comp insurance, when pulling a permit. It is for your protection.
In complicated concrete restoration, or rebar restoration, or spalling, the permit guarantees plans and specifications prepared by a qualified Professional Engineer. It is not up to the Board, or to the Contractor, to determine what the specifications shoud be.
There are standards utilized by that industry, by "specialty contractors" properly equipped and prepared to handle the difficult tasks, and with a record of experience doing similar jobs. Boards that do not check the qualifications and experience of their Contractors may eventually find their decisions challenged by Homeowners.
Florida's Condominium Associations handle billions of dollars in homeowner-citizens hard earned money.
It is imperative that there be complete financial disclosure in Condominium Associations.
Write to the Governor, and tell him that we need:
1. Fair, impartial and democratic elections, and no appointments of Board members without the approval of the membership. The current election system is worse than a joke. There are absolutely no guarantees of honest and impartial elections.
The homeowner mails the ballot back to a P.O. Box, not into the hands of an impartial body, but to the Board (usually up for re-election), or to the Management Company, essentially an employee serving at the pleasure of the Board. Even worse, in most Associations the President is King, and controls the P.O. Box, and/or the Management Company, so that it is not even the full Board, but one or two individuals who control everything.
The system by which Board members replace resigning members lends itself to abuse.
2. Complete, open books must be kept at the Condominium, and available to all members at all times without the need to spend months in requests for records, and later in complaints to the State, only to be able to see how your money is being spent.
3. Management and Managers must be responsive and accountable to the membership. No more of this nonsense where Managers are employees of the Board members only, and therefore owe their allegiance to those Board members only.
4. All contracts for any significant amount of money must be publicized well in advance. All contracts for any significant amount of money to require approval by the membership before they are signed. (except perhaps for emergencies, that must be well documented).
5. Special assessments must always require membership approval.
The above measures will go a long way towards keeping the financial stability of your association.
You can e-mail or FAX the Governor to:
Governor Charlie Crist
FAX No. 850-487-0801
Web address: WWW.EOG.state.fl.us
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