Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61B - Division of Florida Condominiums, Timeshares and Mobile Homes › Chapter 61B-23 - THE ASSOCIATION › Section 61B-23.0028 - Recall by Written Agreement of the Voting Interests; 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 members of the board
				of administration shall:
(a) List by name each
				board member sought to be recalled;
(b) Provide spaces by the name of each board
				member sought to be recalled so that the person executing the agreement may
				indicate whether that individual board member 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 board members as there are board members subject to recall, in
				those cases where a majority or more of the board is sought to be recalled.
				Candidates for replacement members 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 board members 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 board member
				or members;
(d) Provide a space for
				the person signing the written agreement to state his name, identify his unit
				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 is authorized in the manner
				required by the condominium documents to cast the vote for that unit;
(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 member 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 board member, 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(d), Florida Rules of Civil Procedure;
				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. Written recall
				ballots do not expire through the passage of time, however, written recall
				ballots become void with respect to the board member sought to be recalled
				where that board member is elected during a regularly scheduled
				election.
(j) Written recall
				ballots may be executed by an individual holding a power of attorney or limited
				proxy given by the unit owner(s) of record.
(k) Any rescission or revocation of a unit
				owner'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.