Title: Homeowner Association Recalls

Summary: Citing this act as the "Community Recall Act"; requiring the voting interests of a homeowner association to physically reside in the community in order to recall a board director, etc.

Full Text:
An act relating to homeowner association recalls; providing a short title; amending s. 720.303, F.S.; requiring the voting interests of a homeowner association to physically reside in the community in order to recall a board director; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as the  Community Recall Act.  Section 2. Paragraphs (a) and (c) of subsection (10) of section 720.303, Florida Statutes, are amended to read: 720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.  (10) RECALL OF DIRECTORS.  (a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests who physically reside in the community.2. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected. (c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by percent of the voting interests who physically reside in the community giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose. 2. The board shall duly notice and hold a board meeting within full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within full business days any and all records and property of the association in their possession, or shall proceed as set forth in paragraph (d). Section 3. This act shall take effect July 1, 2019.