Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-81 - SUBSTANTIVE RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS › Section 61B-81.003 - Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies

Current through Reg. 50, No. 138; July 16, 2024
(1) Form of Written
				Agreement. All written agreements used for the purpose of recalling one or more
				directors shall:
(a) List by name each
				director sought to be recalled;
(b)
				Provide spaces by the name of each director sought to be recalled so that the
				person executing the agreement may indicate whether that individual director
				should be recalled or retained;
(c)
				List, in the form of a ballot, at least as many eligible persons who are
				willing to be candidates for replacement directors as there are directors
				subject to recall, in those cases where a majority or more of the board is
				sought to be recalled. Candidates for replacement directors shall not be listed
				when a minority of the board is sought to be recalled, as the remaining board
				may appoint replacements. A space shall be provided by the name of each
				candidate so that the person executing the agreement may vote for as many
				replacement candidates as there are directors sought to be recalled. A space
				shall be provided and designated for write-in votes. The failure to comply with
				the requirements of this subsection shall not effect the validity of the recall
				of a director or directors;
(d)
				Provide a space for the person signing the written agreement to state his or
				her name, identify his parcel by number or street address and indicate the date
				the written agreement is signed;
(e) Provide a signature line for the person
				executing the written agreement to affirm that he or she is authorized in the
				manner required by the governing documents to cast the vote for that
				parcel;
(f) Designate a
				representative who shall open the written agreements, tally the votes, serve
				copies on the board and, in the event the board does not certify the recall by
				written agreement and files a petition for arbitration, receive pleadings
				(e.g., copies of a petition for recall arbitration; motions), notices, or other
				papers on behalf of the persons executing the written agreement;
(g) The written agreement or a copy shall be
				served on the board by certified mail or by personal service. Service on the
				board after 5:00 p.m. on a business day or on a Saturday, Sunday or legal
				holiday, as prescribed by Section
				110.117, F.S., shall be deemed
				effective as of the next business day that is not a Saturday, Sunday, or legal
				holiday. Service of the written agreement on an officer, association manager,
				board director or the association's registered agent will be deemed effective
				service on the association. Service upon an attorney who has represented the
				association in other legal matters will not be effective on the association
				unless that attorney is a director, the association's registered agent, or has
				otherwise been retained by the association to represent it in the recall
				proceeding. Personal service shall be effected in accordance with the
				procedures set out in Chapter 48, F.S., and the procedures for service of
				subpoenas as set out in rule 1.410(c), Florida Rules of Civil Procedure,
				effective 2-3-05; and
(h) Become an
				official record of the association upon service upon the board.
(i) Written recall ballots in a recall by
				written agreement may be reused in one subsequent recall effort. A written
				recall ballot expires 120 days after it is signed by a homeowner. Written
				recall ballots become void with respect to the director sought to be recalled
				where that director is elected during a regularly scheduled election.
(j) Written recall ballots may be executed by
				an individual holding a power of attorney or limited or general proxy given by
				the homeowner(s) of record.
(k) Any
				rescission or revocation of a homeowner's written recall ballot or agreement
				must be done in writing and must be delivered to the board prior to the board
				being served the written recall agreements.