Legal Question in Real Estate Law in Florida
homeowner associations
I'm trying to find case law where homeowners can call a special meeting of members to recall the association board members without the board being present at the meeting. I'm also trying to find out once they're recalled, what type of enforcement can the homeowners take to make sure they concede to the recall.
1 Answer from Attorneys
Recall of HOA Board
Situation: Trying to find case law where homeowners can call a special meeting of members to recall the association board members without the board being present at the meeting. Also trying to find what type of enforcement can the homeowners take to make sure bd. concedes to the recall.
A. Case law is based on the HOA Declaration, By-laws, Articles of Incorp., Rules and Regulations; and Recorded Covenants, Conditions, and Restrictions. Start your research there. The Fla. Statutes address HOAs in Chap. 617.301 et sequestra. This is part of the Not for Profit Corporations chapter which should address you remaining questions.
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