How to Remove a Board Member Under Florida Statute 718

To remove a condo board member in Florida, unit owners use the recall process in Florida Statute 718.112(2)(j): a majority of all voting interests in the association must approve the removal, either at a special meeting of owners or through a signed written agreement, and no reason for the removal has to be given.¹ The statute also builds in tight deadlines that work in the owners’ favor: if the board fails to act on a properly delivered recall within five business days, the removal takes effect automatically.

One point worth settling up front. You do not need to prove misconduct, breach of fiduciary duty, or any other wrongdoing. Section 718.112(2)(l) authorizes removal “with or without cause.”¹ Recalls are often driven by fights over budgets, special assessments, or management, but legally the only question is whether the votes are there.

Recall by Vote at a Special Meeting

The first path is a special meeting of unit owners called specifically to vote on the recall. At least 10 percent of the voting interests must sign a petition to call the meeting, and the notice to owners has to state that the purpose is a recall. Electronic transmission alone does not satisfy the notice requirement for a recall meeting.¹ Before the meeting is noticed, a signature list identifying each director targeted for recall must circulate among owners.²

At the meeting, the recall passes only if a majority of all voting interests in the entire association vote in favor. Not a majority of those who show up. In a 200-unit building, you need 101 votes no matter how sparse attendance is. Whoever records the minutes of the recall meeting cannot be one of the directors on the recall list.²

Recall by Written Agreement

The second path skips the meeting. A majority of all voting interests sign a single written agreement to recall one or more directors. This method tends to work better in larger associations, in buildings with a lot of seasonal residents, or anywhere getting a quorum in one room is unrealistic.

The agreement has to list every director targeted for recall and give each signer a place to mark “recall” or “retain” for each name. If a majority or more of the board is being removed, the agreement must also list the proposed replacement directors. Every signature must include the owner’s name, parcel identification, date, and an affirmation that the signer has authority to vote for that unit.³

Once the required signatures are collected, the agreement (or a copy) has to be served on the board by certified mail or personal service. After service, it becomes an official record of the association. An owner who wants to revoke a signature has to do it in writing before the agreement is served. Once it’s in the board’s hands, revocation is no longer an option.³

The Five-Business-Day Board Response

Whichever route is used, the board must hold a properly noticed board meeting within five full business days. That clock runs from the adjournment of the recall meeting, or from the date the written agreement is served. At that meeting, the board determines whether the recall is “facially valid” — that is, whether the paperwork is in order and the necessary votes are documented.¹

If the board certifies the recall, the targeted directors are out the moment the meeting ends. They have 10 full business days to turn over all association records and property in their possession.¹

If the board misses the five-business-day deadline, the recall is deemed effective automatically. An uncooperative board cannot simply stall.¹

What Happens If the Board Rejects the Recall

A rejection is not the end. The unit owner representative who organized the recall can challenge the board’s determination by filing a petition or court action under Florida Statute 718.1255, and that filing has to happen within 60 days.¹

Recall disputes are not eligible for mediation. The statute routes them to nonbinding arbitration through the Division of Condominiums, Timeshares and Mobile Homes (within the Department of Business and Professional Regulation) or to court. The filing fee for a general arbitration petition is $50.⁴

During a timely arbitration, the contested director generally keeps serving until the arbitrator issues a final order. If the board itself fails to file for arbitration within the five business days after rejecting the recall, the recall is automatically certified and the directors are removed.

When a Board Member Loses the Seat Without a Recall

A recall campaign is not always necessary. Two situations remove a director by operation of law.

More Than 90 Days Delinquent

A director or officer who is more than 90 days behind on any monetary obligation owed to the association is deemed to have abandoned the office. No meeting, no vote, no petition. The vacancy is created automatically and filled through the association’s normal vacancy procedures. Separately, anyone delinquent on any assessment to the association, regardless of how long, cannot run for the board and cannot be listed on the ballot.¹

Failure to Complete the Certification Requirement

Within 90 days of election or appointment, a new director must either certify in writing that they have read the association’s governing documents and will uphold them, or submit proof of completing a division-approved education course. A director who misses that deadline is automatically suspended from the board until certification is completed.¹

Filling the Seat After a Recall

What happens to the empty seat depends on how many directors are removed. If fewer than a majority of the board is recalled, the remaining directors fill the vacancy by majority vote among themselves. They are not required to appoint the runner-up from the last election, though they can.¹

If a majority or more is removed, the replacement process shifts. In a written-agreement recall, the agreement itself names the replacements, and they take office when the recall is certified. For meeting-based recalls of a majority of the board, vacancies are filled under procedural rules adopted by the state division, which include provisions for running the association in the interim.¹ Proxies cannot be used in the election that fills vacancies caused by recall.

Mistakes That Sink Recalls

Most failed recalls in Florida do not fail because the director was popular. They fail because the paperwork gave the board an opening to reject the recall as facially invalid. The recurring errors:

Falling short of a majority of all voting interests. A majority of those present at the meeting is not enough. Every unit that does not vote effectively counts against the recall.
Defective notice. Email or electronic transmission alone does not satisfy notice for a recall meeting. Paper notice is required.
Incomplete written agreements. Missing parcel identification numbers, dates, or voting-authority affirmations give the board grounds to reject on facial validity.
Missing the 60-day window. If the board rejects the recall and the unit owner representative does not file for arbitration or court action within 60 days, the challenge is lost.

The framework favors owners: no cause required, tight deadlines that pressure the board, and automatic removal when the board sits on the paperwork. The procedural rules, though, are strict, and any board facing a recall has every reason to comb through the filings for defects. Getting the notice, the signatures, and the timing right the first time is far cheaper than winning the same fight later in arbitration.

1
Florida Senate. Florida Code 718.112 – Bylaws
2
Legal Information Institute. Florida Admin Code 61B-81.002 – Recall of One or More Board Members at a Meeting
3
Legal Information Institute. Florida Admin Code 61B-81.003 – Recall by Written Agreement of the Voting Interests
4
Florida Senate. Florida Code 718.1255 – Alternative Dispute Resolution, Mediation, Nonbinding Arbitration, Applicability