Community Association Election and Recall Disputes Subject to 60 Day Time Limit

September 25th, 2013

Posted in Business & Corporate Law

This year’s legislative session introduced changes to the election provisions governing condominium associations, cooperatives, and homeowner associations.  Most notably, there is now a requirement that any challenge to the election process must be made within sixty (60) days after announcement of the election results.  Fla. Stat. § 718.112(2)(d)4.c.;  Fla. Stat. § 719.106(1)(d)1.a.; Fla. Stat. § 720.306(9)(a).  As to recall petitions, if the Board fails to notice and hold a required board meeting after being served with a recall petition, or otherwise fails to file a petition for arbitration disputing the recall, an owner may file a petition for arbitration and must now do so within sixty (60) days after expiration of the 5 business day period during which the Board is required to hold a meeting to address the recall.  Fla. Stat. § 718.112(2)(j);  Fla. Stat. § 719.106(1)(f)5.; Fla. Stat. § 720.303 (10).   Finally, a petition for recall will not be accepted by the Division when there are sixty (60) or fewer days until the scheduled reelection of board members sought to be recalled, or when sixty (60) or fewer days have elapsed since the election of the members subject to recall.

Prior to the statutory changes referenced above there was no time limit in which to challenge election proceedings or recall disputes, and no minimum time period to wait before attempting to recall a Board member.  The Board of Directors is advised to discuss with legal counsel any concerns or challenges raised as to the election process, and to properly evaluate and respond to a recall of one or more of the Directors in order to ensure compliance with all applicable statutes and administrative rules.

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