For Boards: Fighting a Recall

Fighting a Recall Requires Planning and Strategy

The recall process may be expensive for the Board that fights the recall, easily causing the Board to surpass the budgeted legal expenses for the year. Since the Board's expenses are passed along to the Owners — including the Owners who seek the recall — knowledgeable and efficient legal representation is vital during this process.

Once the Board is served with recall ballots, the focus must be on strict compliance with time limits and the tasks that must be completed to prevent the accidental ratification of the recall. The clock starts ticking as soon as the Board is served with ballots.

The Role of the Board in a Recall

A Board fighting the recall must be aware of the actions it may take before the recall ballots are served upon the Board. In addition, the Board must have a strategy in place for actions it will take after service of the ballots is made upon the Board. The Board must prepare for the required Board meeting. Failure to follow the law precisely could unintentionally cause the Board to ratify the recall.

To Certify or Not

At the Board meeting, the Board members will vote to certify the election based upon its review of the recall ballots. If the Board votes to certify the election, the recall process is successful and complete. If the Board votes not to certify, the Board must begin the arbitration process.

As a Condominium Lawyer and Florida Supreme Court Certified Arbitrator, Attorney Debra Lynn Fein has the experience and skills necessary to challenge a recall.

Call Fein Law, LLC at 954-533-0825 or complete the firm's online contact form to schedule a consultation.