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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115459
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in an association where a few residents, including myself

Customer Question

I live in an association where a few residents, including myself are attempting to get signatures to remove the President of the Board of Directors. He has been in office for 7 years and does nothing but scream at the residents at meetings and outside our homes for people not having a tree in their front yard, parking the wrong way, etc. He has taken everything into his own hands with threats instead of letting the Mgt. Office send letters. He is out of control. After starting the petition, he placed a sign at the front entrance which read, "the petition is illegal and advising people not to sign this petition. This has hindered us in getting signations. What can we do now if we don't get the signatures needed for the request to have him removed from the board?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What do your bylaws state about removing the president?
Also, is he elected annually? Has anyone run against him?
Customer: replied 1 year ago.
I was not able to sign on, so therefore I will not pay since I did not get an answer, just telling me to sign on before they could give me an answer.
Customer: replied 1 year ago.
Bylaws state "Any director may be removed from the Board with or without cause by a majority vote of the members of the association:. The State Statutes state "Regardless of any provision to the contrary contained in the governing documents, subject to the provisions 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from off with or without cause by a majority of the total voting interests".No one ran against the president in the last election.
Customer: replied 1 year ago.
I live in an association where a few...
I live in an association where a few residents, including myself are attempting to get signatures to remove the President of the Board of Directors. He has been in office for 7 years and does nothing but scream at the residents at meetings and outside our homes for people not having a tree in their front yard, parking the wrong way, etc. He has taken everything into his own hands with threats instead of letting the Mgt. Office send letters. He is out of control. After starting the petition, he placed a sign at the front entrance which read, "the petition is illegal and advising people not to sign this petition. This has hindered us in getting signatures. What can we do now if we don't get the signatures needed for the request to have him removed from the board? What recourse do we have.
24 June 2015 01:41
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. You did not pay anything other than a deposit, but I am sorry to hear you had an issue signing on, I will report that to our technical support people, as the experts are not employees of this site and have no control over site operations.
So, your petition is not illegal and in fact, if your bylaws allow removal of an officer for any reason by a majority vote, you as an owner are entitled to seek to get a majority of the owners together to vote this president out of office.
If he tries to take legal action against you to stop you, this could also violate the FL Anti-SLAPP provision as it applies to HOA, which says in part:
720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.—
(1) All common areas and recreational facilities serving any homeowners’ association shall be available to parcel owners in the homeowners’ association served thereby and their invited guests for the use intended for such common areas and recreational facilities. The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities. No entity or entities shall unreasonably restrict any parcel owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common areas and recreational facilities.
So, he cannot sue you for acting within your rights under your bylaws to seek to remove him and if he does it violates the Anti-SLAPP provision in the FL HOA law.
You have a right to gather support to get a majority vote to remove him and a right to have a meeting called for the purpose of voting to remove him and that is within your rights under the bylaws and FL law to do whether he likes it or not.