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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110472
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Good afternoon, I am a board member of a non profit community

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Good afternoon, I am a board member of a non profit community association of single homes in Florida and I seek to remove/recall four directors from our board of 7 including the president, the treasurer and the secretary. I seek to do so in accordance with the by laws of the association and Florida Statutes. In connection with board member recall our association by-laws state: "Any member of the board may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all owners. A special meeting of the Owners to recall a Member or members of the board may be called by 10% of the Owners giving notice of the meeting as required for a meeting of Owners, and the notice shall state the purpose of the meeting. The recall of a director shall be further governed by the applicable provisions of the section 720.303, FLorida statutes as amended from time to time."
THe by laws say that any member can be removed by the vote OR agreement in writing of the majority". I believe it will be less complex to achieve an agreement in writing.
My question is will it suffice to write a letter addressed to the board and have 50% of the neighbours sign it?
Thank you for your question and for asking for me to assist you.

As long as the bylaws state that you can remove by a majority vote of the owners or an agreement in writing of the majority, you need more than 50% of the owners to write one letter stating they demand removal of the board member. One letter to the board with more than 50% of the owners signing is sufficient, since it is an agreement of more than 50% of the members to remove in accordance with the bylaws.

The letter should state that the below signed owners, who total greater than 50% such to constitute a majority as required by bylaws section X, have agreed that the following members should be removed. Then state that the agreement complies with the terms of the bylaw section by number.

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