Of the Florida Statutes, members of the board of an HOA will need to be removed via a majority vote of the board of directors. The recall can be without cause, but this can lead to problems with the recalled person if they decide to take legal action for being recalled or removed.
In the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws. Your bylaws should also have provisions regarding the manner in which the board can expand.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
Further, the owners have a right to attend Board meetings (with limited exceptions) and speak on all agenda items. However, the same statutes also provide that the Directors can communicate via email but cannot vote. Communicating via email does not constitute a meeting even if all Directors are on the email chain.
A: In the case that there are no members willing to fill the vacancies on the board of administration for an association, per section 718.112(2)(d)2, Florida Statutes, if all members' terms would otherwise expire, but there are no candidates, the terms of all board members expire at the annual meeting, and such members ...
In summary, condo board members in Florida may face personal liability in certain situations, contingent on the nature of the claim, liability source and available insurance coverage or indemnification.
HOA board members in Florida have significant and important responsibilities, and while they are generally protected from personal liability, it is essential to understand the circumstances that could lead to legal exposure.
Florida law requires HOAs and condo associations to provide notice of board meetings at least 48 hours in advance, with some meetings requiring 14 days' notice.