To remove directors from your HOA board in Florida, you circulate a written recall agreement — a ballot that names each director targeted, collects signatures from a majority of the community’s total voting interests, and then gets formally served on the association. The Florida HOA written recall agreement form is published as a sample by the Department of Business and Professional Regulation, and its content is governed by Florida Statute 720.303(10) and Florida Administrative Code Rule 61B-81.003. Every field on the ballot exists because the rule requires it, and boards routinely reject recalls over formatting mistakes, so filling the form out correctly is the single most important part of the effort.
Where to Get the Form
The DBPR publishes a sample written recall agreement and ballot on its Homeowners’ Associations Forms page at myfloridalicense.com. Using the template is not legally required, but it is designed to satisfy every content rule in 61B-81.003. A homemade version can work, but any missing element gives the board a reason to reject the recall at certification. Start with the DBPR template unless you have a specific reason not to.
Designate a Representative Before You Circulate Anything
Pick one person to run the recall before a single ballot goes out. That representative distributes and collects ballots, arranges service on the board, and speaks for the homeowners if the association files for arbitration. Their name, address, and phone number go on every ballot (Block C on the DBPR template) so signers know where to return completed forms and the state knows whom to contact.
Choose someone who lives in the community, will accept certified mail, and is willing to see the process through. Changing representatives partway through creates confusion about service and response deadlines.
What Each Ballot Must Contain
Rule 61B-81.003 sets the content requirements. The standard is substantial compliance, not perfection, but each of the following elements needs to be there:
- Each director targeted for recall, named individually, with a space next to each name where the signer marks whether that director should be recalled or retained.
- Replacement candidates, when the recall targets a majority of the board. The form must list at least as many eligible replacement candidates as there are directors being recalled, plus space for write-ins. Each signer can vote for as many replacements as there are directors subject to recall.
- The signer’s printed name, parcel number or street address, signature, and the date signed.
- A statement on the signature line confirming that the person signing is authorized under the governing documents to cast the vote for that parcel.
- The designated representative’s name, address, and phone number, printed on the ballot before it goes out.
Only one vote counts per parcel. If a lot has multiple owners, only the person authorized under the association’s governing documents to vote for that parcel should sign. Ballots signed by a co-occupant who is not the designated voter tend to get thrown out during the board’s review.
Who Is Eligible to Sign
A signature counts only if the voting interest is in good standing. Under Florida Statute 720.305(4), the association may suspend voting rights for any parcel whose owner is more than 90 days delinquent on any fee, fine, or other monetary obligation owed to the HOA. Suspended voting interests come out of the total used to calculate the majority threshold, which lowers the number of signatures you need — but a suspended member’s own signature will not count either way.
Before circulating ballots, review the association’s official records to see which parcels currently have active voting rights. If a strong supporter is delinquent, they should clear the debt before signing.
Who Is Eligible to Be Listed as a Replacement
Replacement candidates on the ballot have to actually be able to serve. Florida Statute 720.306(9)(b) disqualifies two categories:
- Anyone who owes the association any delinquent fee, fine, or monetary obligation as of the nomination deadline.
- Anyone convicted of a felony in Florida, or an equivalent offense in another jurisdiction, unless their civil rights have been restored for at least five years before the date they seek election.
An ineligible replacement does not automatically kill the recall, but it invites a challenge at certification, especially if the board argues there are not enough qualified replacements to fill the vacancies. Vet every candidate before putting their name on the ballot.
The Majority Threshold and the 120-Day Clock
The recall agreement is only effective when signatures represent a majority of the association’s total voting interests. That means more than half of every voting interest in the community, minus any that have been suspended, not a majority of those who respond. In a 200-parcel community with no suspensions, that is at least 101 signatures.
Each signed ballot is valid for 120 days from the date the member signed it. If collection drags past that window, the earliest signatures expire and drop out of the count. For larger communities, this clock is the biggest logistical problem. Start with the households most likely to support recall, build momentum, and leave the reluctant ones for later.
A signer can revoke their ballot, but the revocation must be in writing and delivered to the association before the recall agreement is served on the board. After service, it is too late to pull a signature back.
Serving the Completed Package on the Board
Once you have enough valid signatures, the entire package of signed ballots must be formally served on the association. Florida Statute 720.303(10)(b)1 requires service by certified mail or by personal service under Chapter 48, Florida Statutes, and the Florida Rules of Civil Procedure.
Under Rule 61B-81.003, service on any of the following counts as service on the association:
- Any officer of the board
- Any board director
- The association manager
- The association’s registered agent
Serving the association’s outside attorney does not count unless that attorney is also a director, is the registered agent, or has been specifically retained to represent the association in the recall proceeding. Handing the packet to a front-desk employee or a contractor working for the management company is not valid service either. The date on the certified mail return receipt or the process server’s affidavit starts the clock on the board’s mandatory response.
What the Board Must Do Next
The board has to notice and hold a meeting within five full business days of receiving the recall agreement. At that meeting, the board reviews the ballots and the form itself and votes to certify or reject the recall.
If the board certifies, the targeted directors are removed immediately and must turn over all association records and property within five full business days. If the board fails to hold the meeting within the five-day window, the recall is deemed effective by operation of law under Florida Statute 720.303(10)(f). A board cannot simply ignore the recall and wait it out.
If the board votes to reject, the association — not the homeowners — must file a Petition for Recall Arbitration with the DBPR’s Division of Florida Condominiums, Timeshares, and Mobile Homes within five full business days of the meeting. The filing fee is $200, and the petition uses DBPR Form HOA 6000-4. If the board misses that filing deadline, the recall is again deemed effective automatically. During arbitration, targeted directors remain in office until the arbitrator’s final order is mailed, and the homeowner representative named on the ballot has the right to respond to the board’s petition.
Paperwork Mistakes That Sink Recalls
Most failed recalls fail on procedure, not on substance. The board’s certification meeting works like an audit, and experienced boards or their attorneys will look for anything to challenge. The recurring problems:
- Undated signatures. Every ballot needs the date it was signed; without it, the 120-day window cannot be verified.
- The wrong person signing. Parcels owned by a trust or LLC require the authorized representative’s signature, not a resident’s.
- No replacement candidates when recalling a majority of the board. That is a structural defect in the form itself.
- Improper service. The packet has to reach a person authorized to receive it.
- Stale signatures. Anything signed more than 120 days before service is invalid and comes out of the total.
Using the DBPR template, confirming each signer’s voting eligibility before they sign, and keeping a running log of signature dates will get most recalls through certification. For larger communities or contested boards, having an attorney review the completed packet before service can prevent a defective filing that would force the whole effort to restart.