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3 issues that can inspire a recall of HOA or condo board members

On Behalf of | Apr 11, 2024 | Condominium & Community Association Law

Community members typically elect the boards that oversee homeowners associations (HOAs) and condominium associations. Board members have the authority to hold meetings and make decisions on behalf of the community. They arrange for the maintenance of common areas, take action against non-compliant property owners and vote on the use of community resources.

Sometimes, members of the community feel dissatisfied with the actions taken by the board. Other times, they question whether individual board members have the best interests of the community at heart. Sometimes, residents may organize and initiate recall proceedings to remove board members and replace them. The following are some of the scenarios that might warrant an HOA or condominium board recall.

Embezzlement

Accusations of financial misconduct, including embezzlement, are a common reason for recall efforts. In fact, even self-dealing where a board member arranges for a business that they work for or own to service the community could lead to allegations of misconduct. Any substantiated reports of financial malfeasance could warrant a recall effort against an HOA or condominium board member.

Unpaid dues and fees

Condominium associations and HOAs charge monthly fees that every resident must pay. Those fees help cover community expenses, including the cost of maintaining shared spaces. If a board member has fallen behind on their financial obligations to the community, proof of that could warrant a recall effort. Particularly when they used their position to avoid secondary consequences, the community might fight back when an HOA or condominium board member does not pay what everyone else does to live in the community.

Physical altercations with other residents

Sometimes, arguments related to community management can spill over into the real world. Property owners might confront a board member outside of a meeting or at their own residence. If the issue turns into a physical altercation, the violence between the two parties might lead to a recall effort.

Not all recalls are successful, but they can potentially remove people from leadership positions and destabilize the community in many cases. Recall efforts can benefit a community and/or cause challenges if they interfere with attempts by leadership to manage their jurisdictions properly. As such, learning more about when Florida permits HOA or condominium board recalls may benefit those serving on boards or living in these communities.