Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-80 - THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS › Section 61B-80.102 - Filing for Recall Dispute Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) Where the homeowners attempt to recall
				one or more directors of a board of a homeowners' association by written
				agreement, ballot, or vote taken at a meeting, the board of directors shall
				initiate a recall arbitration by filing a petition for recall arbitration with
				the division as provided by this rule. Where the homeowners attempt to recall
				one or more directors of a board at a homeowners meeting or by an agreement in
				writing or written ballot, and the board does not certify the recall, the board
				shall file a petition for arbitration with the division within five full
				business days after adjournment of the board meeting at which the board
				determined not to certify the recall. Where the board fails to file a petition
				for recall arbitration as required by these rules and Chapter 720, F.S., the
				homeowners seeking to challenge the board's decision not to certify the recall,
				or not to file for recall arbitration, may file a petition for arbitration
				pursuant to these rules.
(2) Form
				of Petition. The term "petition" as used in this rule includes any application
				or other document that expresses a request for arbitration of a recall of one
				or more board directors. The petition shall comply with the provisions of this
				rule, and be printed, typewritten or otherwise duplicated in legible form on
				one side of the paper only with lines double-spaced. A party filing a petition
				for recall arbitration shall utilize DBPR FORM HOA 6000-4, MANDATORY BINDING
				ARBITRATION FORM PETITION-RECALL DISPUTE and shall submit the $200 filing fee
				with the petition.
(3) All
				petitions for arbitration of a recall filed by an association or by the
				homeowners who voted in favor of recall shall be signed by either a member of
				the Florida Bar, or by a qualified representative who has submitted an
				application to appear pursuant to Rule
				61B-80.101, F.A.C. Each petition
				shall contain:
(a) The name and address of
				the association, the number of total voting interests in the association, the
				number of voting interests voting for recall of each board member sought to be
				recalled, the number of recall votes rejected by the board as to each candidate
				subject to the recall, and the total number of seats on the board at the time
				that the recall is served on the board;
(b) The name or names of the board director
				or directors who were recalled;
(c)
				The name and address of the homeowner representative selected, pursuant to
				subparagraph 61B-81.002(2)(b)
				3. or paragraph 61B-81.003(1)(f),
				F.A.C., to receive pleadings, notices, or other papers on behalf of the
				recalling homeowners;
(d) A
				statement of whether the recall was by vote at a meeting of the homeowners or
				by written agreement.
(e) If the
				recall was by vote at a meeting, the petition shall state the date of the
				meeting of the homeowners and the time the meeting was adjourned; if the recall
				was by written agreement, the petition shall state the date and time of receipt
				of the written agreement by the board, and a copy of the written agreement to
				recall shall be attached to the petition;
(f) The date of the board meeting at which
				the board determined not to certify the recall, and the time the meeting was
				called to order and adjourned;
(g)
				A copy of the minutes of the board meeting at which the board determined not to
				certify the recall;
(h) Each
				specific basis upon which the board based its determination not to certify the
				recall, including the parcel number and specific defect to which each challenge
				applies. Any specific reason upon which the board bases its decision not to
				certify the recall that is stated in the petition for recall arbitration, but
				absent from the board meeting minutes or attachments thereto, shall be
				ineffective and shall not be considered by the arbitrator. A board director may
				be recalled with or without cause. The fact that a homeowner may have received
				misinformation is not a valid basis for rejecting a recall agreement and shall
				not be considered by the arbitrator;
(i) Any relevant sections of the bylaws,
				articles of incorporation, the declaration of covenants, and rules, including
				all amendments thereto, as well as any or other documents that are pertinent to
				the petition; and
(j) Any other
				information that the petitioner contends is material.