Florida Senate - 2019                                    SB 1442
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01726-19                                           20191442__
    1                        A bill to be entitled                      
    2         An act relating to homeowner association recalls;
    3         providing a short title; amending s. 720.303, F.S.;
    4         requiring the voting interests of a homeowner
    5         association to physically reside in the community in
    6         order to recall a board director; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. This act may be cited as the “Community Recall
   12  Act.”
   13         Section 2. Paragraphs (a) and (c) of subsection (10) of
   14  section 720.303, Florida Statutes, are amended to read:
   15         720.303 Association powers and duties; meetings of board;
   16  official records; budgets; financial reporting; association
   17  funds; recalls.—
   18         (10) RECALL OF DIRECTORS.—
   19         (a)1. Regardless of any provision to the contrary contained
   20  in the governing documents, subject to the provisions of s.
   21  720.307 regarding transition of association control, any member
   22  of the board of directors may be recalled and removed from
   23  office with or without cause by a majority of the total voting
   24  interests who physically reside in the community.
   25         2. When the governing documents, including the declaration,
   26  articles of incorporation, or bylaws, provide that only a
   27  specific class of members is entitled to elect a board director
   28  or directors, only that class of members may vote to recall
   29  those board directors so elected.
   30         (c)1. If the declaration, articles of incorporation, or
   31  bylaws specifically provide, the members may also recall and
   32  remove a board director or directors by a vote taken at a
   33  meeting. If so provided in the governing documents, a special
   34  meeting of the members to recall a director or directors of the
   35  board of administration may be called by 10 percent of the
   36  voting interests who physically reside in the community giving
   37  notice of the meeting as required for a meeting of members, and
   38  the notice shall state the purpose of the meeting. Electronic
   39  transmission may not be used as a method of giving notice of a
   40  meeting called in whole or in part for this purpose.
   41         2. The board shall duly notice and hold a board meeting
   42  within 5 full business days after the adjournment of the member
   43  meeting to recall one or more directors. At the meeting, the
   44  board shall certify the recall, in which case such member or
   45  members shall be recalled effective immediately and shall turn
   46  over to the board within 5 full business days any and all
   47  records and property of the association in their possession, or
   48  shall proceed as set forth in paragraph (d).
   49         Section 3. This act shall take effect July 1, 2019.