“Can a Rogue Condo Director Be Removed?” – Naples Daily News
Q: I’m on the Board of my condominium association. One of the directors, who also serves as the secretary, is very disruptive at board meetings, combative and is responsible for several directors resigning from the board over the past year? Can anything be done to remove this rogue person from the board? They still have another 18 months left on their term. A.C., Naples
A: Section 718.112(2)(l) of the Florida Condominium Act states that the recall of a director requires the consent of a majority of the entire voting interests. There is usually one “voting interest” per unit. Owner recall votes can be obtained via written agreement/petition, or by conducting a vote at a membership meeting. There is no requirement to establish or prove “cause” as the basis for a recall. Details regarding the recall process and applicable procedures are outlined within the statute, which is readily available on-line. This is the step that is required to remove a person from the Board. There is a similar process in place for homeowners associations and cooperatives.
You also mentioned that this person also holds the officer position of secretary. Most bylaws allow the board, via a majority Board vote, to remove and replace officers. Thus, the rest of the board doesn’t alone have the authority to remove this person as a director, but the board likely does have the authority to remove this person from their officer position. A vote of the unit owners is usually not required to remove a person from their officer position. You should confirm this by reviewing your bylaws.
Q: I’m new to Florida condominium living and am confused about the various terms used when referring to the governing documents. Can you list out the main governing documents and tell me what they do? J.S., Bonita Springs
A: The declaration of condominium is the document of “highest” authority in a condominium association context. It is basically a contract and governs the operation of the condominium association and establishes certain criteria and restrictions concerning the units. The declaration defines ownership, fundamental use restrictions, maintenance and repair responsibilities and the obligation to pay assessments.
The articles of incorporation is a document that creates the corporate nature of the condominium association. The association is a Florida not-for-profit corporation and as such, the articles must be filed with the Secretary of State.
The bylaws are the “corporate housekeeping rules” which govern various aspects of the day-to-day operation of the condominium association such as notice provisions, the conduct of board meetings and owner meetings (including the annual meeting), the election of directors, and the like.
The rules and regulations are governing document of “lowest” authority. Unlike the declaration, articles of incorporation and bylaws, which usually require some percentage of unit owner approval to amend, the rules can typically be amended via board-vote alone. It is important, however, to note that restrictions contained within the rules cannot conflict with other restrictions contained in the other governing documents.
Q: When is the next Florida regular legislative session scheduled to begin and end? M.M., North Naples
A: The 2026 regular legislative session begins on January 13, 2026. The 60-day session is scheduled to end on March 13, 2026. In even-numbered years, the legislative session begins in January. In odd-numbered years, the legislative session begins in March. We anticipate there will be many bills filed in advance of the 2026 legislative session which will (if adopted) impact community associations. My Firm will be closely monitoring these bills throughout the legislative session.
Q: What is the difference between a condominium and a cooperative in Florida? T.S., Naples
A: Both are forms of shared residential ownership, but they have significant differences.
Condominium associations are governed by Chapter 718 of the Florida Statutes, known as the Florida Condominium Act, which is the enabling statute. The Florida appeals courts have specifically found that condominiums are a “creature of statute.” Florida’s condominium statute was first enacted in 1963, over sixty years ago, and was one of the first in the nation.
The hallmark of condominium ownership is the existence of two types of property, the “unit” and the “common elements.” The unit is as described in the declaration of condominium and is often a “box of air in the sky” and the improvements located in that box. The rest of the property is “common elements” (for example, the roof of the building), which all of the owners own as “tenants in common” in “undivided shares.”
Cooperatives are described in Chapter 719 of the Florida Statutes, known as the Florida Cooperative Act, as a form of real property ownership where legal title is vested in a corporation or other entity, and beneficial use is proven by an ownership interest in the association and a lease or other document granting possession. Unlike condominiums, where the association often owns no property, a cooperative association owns all of the property, including the units and the common areas. The unit owners own shares in the association, and usually have some kind of lease agreement, which gives them exclusive use of their units.
The condominium form of ownership is much more popular than the cooperative model. That being stated, with some notable differences, the provisions of the Cooperative Act are very similar to those of the Condominium Act, and both are highly regulated.
David G. Muller is a Board-Certified Attorney in Condominium and Planned Development Law with Becker & Poliakoff, P.A. in Naples. Send questions to him by e-mail to dmuller@beckerlawyers.com.
