How to Remove a Bad Board Member from Your Florida HOA or Condo

Key Takeaways

• A board member can be recalled by written agreement of a majority of voting interests — without a meeting. Under Section 718.112(2)(l), Florida Statutes (condos) and Section 720.303(10) (HOAs), unit owners or parcel owners can recall one or more board members by obtaining the written agreement of a majority of the total voting interests, without the need to call or hold a meeting.
• A board member can also be recalled by vote at a properly noticed meeting. Recall can alternatively be accomplished at a special members’ meeting called for that purpose, with a majority vote of the total voting interests required. The meeting must be properly noticed in accordance with the association’s bylaws and applicable statute.
• The board must certify or contest the recall within 5 business days. Upon receipt of a recall petition or recall vote, the remaining board members must meet within 5 business days to certify the recall. If the board fails to certify, or contests the recall, it must file a petition for mandatory arbitration with the Florida Department of Business and Professional Regulation (DBPR) within 60 days.
• A recalled board member can contest the recall through DBPR arbitration. Both the board member sought to be recalled and the remaining board members may contest the recall by filing a petition for arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes (DBPR) within the applicable deadlines.
• A recalled board member cannot serve on the board until the next election. Once a board member is properly recalled, they may not be appointed or elected to any position on the board until the next regular election, regardless of any vacancies that arise.

In This Article

• Short Answer
• How Florida Law Handles This Issue
• Key Legal Rules
• Condo vs. HOA Recall: Comparison Table
• How This Issue Typically Comes Up
• Common Mistakes Owners Make
• What Associations Typically Argue — and Why It Fails
• How Courts Handle This
• Edge Cases and Nuances
• What Homeowners Should Do: Step-by-Step Recall Process
• When Legal Action May Be Necessary
• Actionable Summary
• Related Knowledge — Cross-Chapter Linking
• Frequently Asked Questions
• Key Terms Defined

Short Answer

Florida law gives condominium unit owners and HOA parcel owners the right to remove board members from office through a recall process before their term expires. For condominiums, the process is governed by Section 718.112(2)(l), Florida Statutes. For HOAs, it is governed by Section 720.303(10). In both cases, recall can be accomplished either by written agreement (petition without a meeting) or by vote at a properly noticed special meeting, and both require a majority of the total voting interests. The board must act on the recall within 5 business days of receiving it and can contest the recall through DBPR arbitration within 60 days. A Broward, FL HOA dispute lawyer can help guide owners through the recall process and address any challenges raised by the board.

How Florida Law Handles This Issue

Florida law treats the recall of board members as a fundamental right of unit owners and parcel owners, recognizing that associations exercise significant authority over property rights and that board members must remain accountable to the membership.

Section 718.112(2)(l), Florida Statutes, sets out the condo recall framework in detail. The statute provides:

“Subject to s. 718.301, any member of the board of administration may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests.”

Under Section 718.112(2)(l)6, a board member who has been recalled may file a petition or court action under s. 718.1255 challenging the validity of the recall. The petition or action must be filed within 60 days after the recall.

The statute further specifies delivery requirements under Section 718.112(2)(l)2: the recall petition or written agreement must be delivered to the board by certified mail or hand delivery, and the remaining board members must hold a special meeting within 5 business days of the delivery to certify or contest the recall.

The HOA framework under Section 720.303(10) follows a substantially similar structure: recall may be by written agreement of a majority of voting interests or by vote at a duly noticed meeting, the board must certify or contest within 5 business days, and disputes are resolved through DBPR arbitration under the Division of Florida Condominiums, Timeshares, and Mobile Homes.

The DBPR arbitration process provides a faster and lower-cost alternative to circuit court litigation for recall disputes, and the recall is effective immediately upon proper delivery — it does not wait for completion of the arbitration unless a stay is granted.

Key Legal Rules

• Rule 1: A board member may be recalled by written agreement of a majority of all voting interests, without holding a meeting. The written agreement must be signed by the required number of owners and delivered to the board. See Section 718.112(2)(l), Fla. Stat.; Section 720.303(10), Fla. Stat.
• Rule 2: A board member may also be recalled by vote at a special meeting of the members, called and noticed in accordance with the bylaws and applicable statute. A majority of the total voting interests must vote in favor of recall.
• Rule 3: The recall petition or written agreement must be delivered to the board by certified mail or hand delivery. The manner of delivery is a statutory requirement and failure to comply with delivery requirements may provide grounds to contest the recall.
• Rule 4: Upon receipt of the recall documents, the remaining board members must hold a special meeting within 5 business days to certify the recall. If the board fails to timely meet, the recall is deemed certified by operation of law.
• Rule 5: A board that contests the recall must file a petition for arbitration with the DBPR within 60 days of the delivery of the recall documents. Failure to timely file results in the recall becoming final.
• Rule 6: A recalled board member is immediately removed from office upon certification. They may not be appointed or elected to serve on the board until the next regular election, even if a vacancy exists.
• Rule 7: DBPR arbitration is the mandatory first step for recall disputes in both condo and HOA communities before circuit court litigation can be pursued. Either the recalled member or the board may initiate arbitration.

Condo Recall (Chapter 718) vs. HOA Recall (Chapter 720): Key Differences

Factor	Condo Recall (Section 718.112(2)(l))	HOA Recall (Section 720.303(10))
Statutory authority	Section 718.112(2)(l), Florida Statutes	Section 720.303(10), Florida Statutes
Vote required for recall	Majority of all voting interests	Majority of all voting interests
Methods of recall	Written agreement (petition) OR vote at properly noticed meeting	Written agreement (petition) OR vote at properly noticed meeting
Delivery requirements	Certified mail or hand delivery to the board; Section 718.112(2)(l)2	Certified mail or hand delivery to the board
Board certification timeline	Remaining board must meet within 5 business days	Remaining board must meet within 5 business days
Contest mechanism	DBPR arbitration through Division of Florida Condominiums	DBPR arbitration through Division of Florida Condominiums
Deadline to contest	60 days from delivery of recall documents	60 days from delivery of recall documents
DBPR involvement	Mandatory for arbitration of contested recalls	Mandatory for arbitration of contested recalls

How This Issue Typically Comes Up

Owners circulate a recall petition after the board raises assessments without explanation

A condominium association in Miami-Dade County approves a special assessment at a board meeting with minimal notice, without presenting a budget justification or soliciting competitive bids for the underlying project. Owners, frustrated by a lack of transparency, organize and circulate a written recall petition targeting the board president and treasurer. They obtain signatures from a majority of the unit owners and deliver the petition by certified mail to the board as required under Section 718.112(2)(l)2.

A recall vote is called after a board member’s self-dealing is discovered

Owners in a Broward County HOA discover that a board member directed the association to hire a landscaping company owned by the board member’s spouse without competitive bidding. Other owners call a special meeting for the purpose of recalling that board member under Section 720.303(10). The meeting is properly noticed and held, and the board member is recalled by the required majority vote.

The board refuses to certify a valid recall

Owners in an Orlando-area condominium community deliver a recall petition with signatures from well over a majority of the voting interests. The remaining board members hold a meeting within 5 business days but vote to reject certification, claiming procedural defects in the petition. The recalling owners must then pursue DBPR arbitration to establish the validity of the recall and compel its certification.

Common Mistakes Owners Make

• Counting signatures incorrectly. The required majority is of all voting interests in the community, not just those who signed the petition or attended a meeting. If one unit has one vote and there are 100 units, you need 51 valid signatures — not a majority of those present at a meeting.
• Failing to comply with delivery requirements. The petition must be delivered by certified mail or hand delivery to the board. Regular mail, email, or informal delivery does not satisfy the statutory requirement and gives the board grounds to contest the recall.
• Circulating a petition with defective content. The petition must clearly identify the board member being recalled. Ambiguous or misdirected petitions can be contested.
• Missing the arbitration deadline. If the board contests the recall, the recalling owners must be prepared to respond in the DBPR arbitration process. Ignoring arbitration filings or missing deadlines can result in the recall being overturned.
• Not noticing the recall meeting properly. A recall by vote at a meeting requires proper notice under the bylaws and statute. Inadequate notice is a grounds for the board to contest the validity of the recall vote.

What Associations Typically Argue — and Why It Fails

“The recall petition has defective signatures.”

While signature authenticity can be contested, the board’s obligation is to certify the recall if the petition on its face satisfies the statutory requirements. The board cannot simply ignore a petition by raising unsubstantiated challenges to signatures. Legitimate disputes must be brought through DBPR arbitration within the 60-day period.

“We need a quorum of the full board to vote on certification.”

The certification meeting is conducted by the remaining board members — those who are not themselves being recalled. Florida law does not require the presence of the recalled member, and the absence of the recalled member from the board cannot be used to prevent a quorum for the certification vote.

“The recall is void because the meeting was not properly noticed.”

This argument has merit only if the notice genuinely failed to comply with the bylaws and applicable statute. Boards sometimes raise this argument as a delay tactic even when notice was adequate. If the recall was by written agreement (petition), no meeting is required at all, and the notice argument is irrelevant.

How Courts Handle This

DBPR arbitration is the required first step before circuit court litigation for recall disputes in both condominium and HOA communities. The arbitrator examines whether the petition or vote satisfied the substantive requirements (majority of total voting interests, proper identification of the recalled member) and the procedural requirements (proper delivery, proper meeting notice if applicable).

If the board fails to timely file for arbitration within 60 days, circuit courts will generally treat the recall as final and effective. Courts do not look favorably on boards that ignore properly executed recall petitions or use procedural technicalities to delay an otherwise valid recall.

In DBPR arbitration, the burden of proof shifts depending on whether the board or the recalled member is contesting. The arbitrator may issue an order certifying or overturning the recall, and that order is final unless appealed to circuit court. During the pendency of arbitration, the recalled board member is generally removed from office unless the arbitrator grants a stay.

Edge Cases and Nuances

• Recall of less than the full board. Recalls commonly target one or two board members rather than the entire board. The remaining unchallenged members conduct the certification meeting and continue to operate the association during the recall process. If a majority of the entire board is simultaneously recalled, the association may face governance challenges until a special election is held to fill the vacancies.
• Electronic signatures on recall petitions. Florida’s Electronic Signatures in Global and National Commerce Act and related statutes permit electronic signatures in many contexts. However, association governing documents and the applicable statutes may impose specific requirements for signatures on recall documents. Whether electronic signatures satisfy the “written agreement” requirement under Sections 718.112(2)(l) and 720.303(10) may depend on the governing documents and any specific association rules adopted on the matter.
• Developer-appointed board members. During the developer control period, certain board members may be appointed by the developer rather than elected by unit owners. The recall statutes apply to developer-appointed members as well, but the practical ability to recall them may be limited if the developer controls a majority of the voting interests. Once the community transitions from developer control, the full recall rights under Sections 718.112(2)(l) and 720.303(10) apply to all board members.
• Proxy voting in recall elections. Florida law permits proxy voting at recall meetings, subject to the limitations in the applicable statute and governing documents. For condominium associations, Section 718.112(2)(b) addresses proxy use. Associations sometimes attempt to exclude proxies at recall meetings, which may be improper if the governing documents and statute permit them. Owners planning a recall by meeting should understand the proxy rules before the meeting is held.

What Homeowners Should Do: Step-by-Step Recall Process

1. Determine the total number of voting interests in the community. This is typically set forth in the declaration and bylaws. You need signatures (or votes) representing a majority of the total voting interests — not just those who attend a meeting.
2. Choose your method: written agreement (petition) or vote at a special meeting. A petition is generally faster and does not require advance notice or a meeting. A meeting-based recall requires proper notice under the bylaws and statute.
3. Draft a clear recall petition. The petition must identify the board member being recalled by name and position. Have each signing owner include their unit or parcel number and signature.
4. Obtain signatures from a majority of all voting interests. Track your count carefully — you need a majority of the total voting interests, not just of those who respond or participate.
5. Deliver the completed petition to the board by certified mail or hand delivery. Retain proof of delivery, including the certified mail receipt and return card.
6. The remaining board must hold a meeting within 5 business days of delivery to certify the recall. If they do not meet within 5 days, the recall is deemed certified by operation of law.
7. If the board contests the recall, be prepared to participate in DBPR arbitration. The board has 60 days from delivery of the petition to file a petition for arbitration. Retain an attorney if arbitration is initiated.

When Legal Action May Be Necessary

Legal action through DBPR arbitration is necessary when the board refuses to certify a facially valid recall petition or recall vote, or when the recalled board member contests the recall. If the board fails to file for arbitration within 60 days, a circuit court action may be filed to compel certification. Owners may also seek injunctive relief if a recalled board member continues to act in the capacity of a board member after a valid recall. Prevailing party attorney fees may be available under Section 718.303 (condos) or Section 720.305 (HOAs) in actions to enforce the recall rights guaranteed by statute.

Actionable Summary

Situation	Action Required	Legal Basis
Want to recall a board member by petition	Obtain signatures from majority of all voting interests; deliver by certified mail	Section 718.112(2)(l) or Section 720.303(10)
Want to recall a board member at a meeting	Call special meeting with proper notice; obtain majority vote of total voting interests	Section 718.112(2)(l) or Section 720.303(10)
Board refuses to certify recall within 5 days	Recall is deemed certified by operation of law; seek DBPR arbitration or circuit court order if board continues to resist	Section 718.112(2)(l)2; Section 720.303(10)
Board contests recall through arbitration	Participate in DBPR arbitration; retain attorney; respond within deadlines	DBPR arbitration rules; Section 718.112(2)(l)
Recalled board member continues to act as board member	Seek injunctive relief in circuit court; file complaint with DBPR	Section 718.303 or Section 720.305

Related Knowledge — Cross-Chapter Linking

Chapter 718 (Condominiums): Section 718.112(2)(l) is the primary recall statute for condominium associations. It establishes the written agreement method, the meeting method, delivery requirements, the 5-business-day certification requirement, and the DBPR arbitration pathway. Section 718.303 provides for prevailing party attorney fees in enforcement actions.

Chapter 720 (HOAs): Section 720.303(10) mirrors the condominium recall framework for homeowners’ associations. The methods, timelines, and arbitration pathway are substantially the same. Section 720.305(1) provides for prevailing party attorney fees. One key distinction: HOA board members who are removed through recall are specifically prohibited from being appointed or elected to any board position until the next regular election under Section 720.303(10), codifying the protection against immediate reappointment.

Frequently Asked Questions

Can I recall a board member just because I disagree with a decision they made?

Yes. Florida law permits recall of a board member “with or without cause” under both Section 718.112(2)(l) (condos) and Section 720.303(10) (HOAs). You do not need to prove misconduct, negligence, or any specific wrongdoing. A majority of the voting interests can recall a board member for any reason or no stated reason at all.

How many signatures do I need on a recall petition?

You need signatures representing a majority of all voting interests in the community — not just a majority of those who sign or respond to the petition. In a community with 100 units, each having one vote, you need at least 51 valid signatures. Count carefully, because the board will scrutinize the petition for insufficient numbers as a basis to contest.

What happens if the board simply ignores the recall petition?

If the board fails to hold a meeting within 5 business days of receiving the recall petition to certify or contest the recall, the recall is deemed certified by operation of law under Section 718.112(2)(l). The recalled board member is treated as removed from office. If the board nonetheless continues to act as if the member is in office, you can seek a circuit court order compelling compliance or file a complaint with the DBPR.

Can the recalled board member be reappointed to fill a vacancy on the board?

No. Under Section 718.112(2)(l) (condos) and Section 720.303(10) (HOAs), a board member who has been recalled may not be appointed or elected to serve on the board until the next regular election. This prohibition applies even if a vacancy arises that the board would otherwise fill by appointment. The recalled member must wait for the next election cycle.

Is DBPR arbitration the same as going to court?

No. DBPR arbitration is a mandatory administrative dispute resolution process that must be completed before you can file certain types of lawsuits in circuit court. It is faster and less expensive than court litigation. An arbitrator (not a judge) decides the dispute. The arbitrator’s decision can be appealed to circuit court. For recall disputes, DBPR arbitration is the required first step for both condo and HOA communities.

Key Terms Defined

Recall petition: A written document signed by a majority of the total voting interests in a condominium or HOA community seeking to remove one or more board members from office before their term expires. Under Florida law, the petition must be delivered to the board by certified mail or hand delivery.

Voting interest: The proportion of total voting power in the association allocated to each unit or parcel, as defined in the declaration and bylaws. In most communities, each unit or parcel carries one vote, but some declarations allocate voting interests differently based on unit size or value.

Certification: The formal act by the remaining board members, taken at a special meeting within 5 business days of receiving the recall petition or vote results, that confirms the recall is valid and effective. Upon certification, the recalled board member is removed from office.

DBPR arbitration: The mandatory dispute resolution process through the Florida Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares, and Mobile Homes. For recall disputes, arbitration must be pursued before circuit court litigation. Either the board (contesting the recall) or the recalled member (appealing the recall) may initiate arbitration.

Quorum: The minimum number of board members or unit owners required to conduct official business. For the certification meeting following a recall, the quorum is determined by the remaining (non-recalled) board members, and the absence of the recalled member does not prevent the remaining members from meeting and acting.

Conclusion

Florida law gives condominium unit owners and HOA parcel owners meaningful tools to remove board members who are acting against the community’s interests. The recall process under Section 718.112(2)(l) (condos) and Section 720.303(10) (HOAs) does not require cause, does not require a court order, and can be accomplished either through a written petition or a vote at a properly noticed special meeting. The key requirements — majority of all voting interests, proper delivery, and the board’s 5-business-day obligation to certify — must be followed precisely. When boards resist valid recalls, DBPR arbitration provides an accessible and efficient remedy.

About the Author

Erik Andrew Perez, Esq. (Florida Bar No. 115564) is a founding member of Perez Mayoral, P.A. and focuses on homeowner-side community association litigation, including recall and election disputes, board member accountability, covenant enforcement, and assessment challenges under Chapters 718 and 720, Florida Statutes. He represents unit owners and parcel owners throughout Florida, from Miami-Dade and Broward Counties to the greater Orlando and Tampa Bay areas.

How We Can Help

If you are seeking to recall a board member in your condominium or HOA, or if a recall has been filed against a board member and you need guidance on the certification or arbitration process, the attorneys at Pour firm can advise and represent you. We represent homeowners only. We never represent associations, management companies, or developers. Our offices are in Coral Gables, Tampa, and Orlando.

Contact Perez Mayoral, P.A. to schedule a consultation.

Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws change; consult a licensed Florida attorney for advice specific to your situation.

Sources and References

• Section 718.112(2)(l), Florida Statutes (Condo Board Recall)
• Section 720.303(10), Florida Statutes (HOA Board Recall)
• Section 718.303, Florida Statutes (Condo Obligations; Prevailing Party Fees)
• Section 720.305(1), Florida Statutes (HOA Enforcement; Prevailing Party Fees)
• DBPR Division of Florida Condominiums, Timeshares, and Mobile Homes — Arbitration Program