In Florida, you can recall one or more HOA directors, or the entire board, by a vote or written agreement of a majority of the association's voting interests (Fla. Stat. §720.303(10)). Once the recall is delivered, the board must hold a meeting within 5 full business days and either certify the recall or file for DBPR arbitration. If it does neither, owners can challenge the failure. This guide walks through the process.

When a recall makes sense

You do not have to wait for the next election to remove directors who are not serving the community. Recall exists for exactly that situation: a board that ignores the rules or hides records can be removed mid-term by a majority of owners. It is a serious step, so build support and documentation first.

Step 1: Build a majority

The threshold is a majority of the association's voting interests (Fla. Stat. §720.303(10)). Not a majority of those who show up, a majority of all voting interests in the association. You can recall through either:

  • A vote at a duly noticed members' meeting, or
  • Written agreement (written recall ballots or a signed petition) collected from owners.

Decide which method fits your community, and be precise about which directors you are recalling. You can recall specific directors or the whole board.

Step 2: Serve the recall on the board

Deliver the written agreement or ballots to the board. The delivery date starts the clock, so use a method that proves receipt, such as certified mail or a documented hand delivery to a director or the registered agent.

Step 3: The board's 5-business-day meeting

Within 5 full business days after receiving the recall, the board must notice and hold a board meeting (Fla. Stat. §720.303(10)). At that meeting the board must do one of two things:

  1. Certify the recall. If the board certifies, the recalled directors are removed immediately and must turn over all association records and property within 5 full business days. Replacement directors are then seated per the governing documents.
  2. Decline to certify. If the board refuses to certify (for example, it disputes the signatures or the count), it must file an action in court or a petition for binding arbitration with DBPR within 5 full business days after the meeting.

Step 4: If the board stalls or refuses

The board cannot simply sit on a valid recall. If it:

  • Fails to hold the required meeting within 5 business days, or
  • Fails to file the arbitration petition or court action within the deadline,

then the owners' representative may file a petition or court action challenging the board's failure to act. That challenge must be filed within 60 days after the applicable 5-business-day period expires.

Where recalls go: DBPR arbitration

Recalls are one of the few HOA matters that go to the state. They are not eligible for pre-suit mediation. A contested recall is resolved through binding arbitration with DBPR (or in court) (Fla. Stat. §720.311(1) and §720.303(10)). This is different from most HOA disputes, which go to mediation and circuit court. See who regulates HOAs in Florida.

Practical tips

  • Get the count right. Recalls are frequently rejected on technicalities: wrong threshold, undated ballots, unclear which directors are targeted. Precision matters.
  • Document everything. Keep copies of every ballot, the delivery proof, and the board's response (or silence).
  • Consider counsel. Because the deadlines are short and arbitration is technical, a licensed Florida attorney experienced in community-association arbitration is often worth it.

What you can do next

  1. Organize a majority of voting interests and prepare clean, dated recall ballots or a written agreement.
  2. Serve the recall on the board with proof of delivery; the board has 5 full business days to act.
  3. If the board fails to certify or file, pursue DBPR arbitration or court within the 60-day window.