C.C. from Charlotte County, Florida writes:
Dear Mister Condo,
For HOAs there is a provision that reads “No recalled director shall be appointed by the board to fill any vacancy on the board.” Does Florida 718 have an equal provision? It would seem terrible that the law might allow 51% to remove someone and then have the remaining Board members simply reinstate that person back to their position immediately.
Mister Condo replies:
C.C., I am not familiar with such a provision but I am not an attorney. I have read the provisions for recall and appointment for Florida condominiums and I do not see the specific provision. For a legal opinion, kindly consult a locally qualified attorney familiar with Florida condominium governance law. As a practical matter, I can’t imagine why the remaining Board of Directors would make such a decision unless they were all seeking to incur the same fate as the recalled Board member. I can’t imagine a condo association membership that would go to the trouble of recalling a Board member, only to have that recalled Board member reappointed by the Board, not recalling the entire Board after such an action. If any of my experienced attorney followers would care to chime in on this topic, I’d appreciate their opinion.