How it worksFeaturesHow answers workPricingFAQArticles

Articles · State guides · State guide

How to Recall a Florida HOA Board Member

Short answer: Under Florida law as of September 23, 2026, a homeowners’ association (HOA) director may be recalled, with or without cause, by a majority of the total voting interests (Fla. Stat. § 720.303(10)(a)). Members may act by written agreement or written ballot. The board must then hold a meeting within 5 full business days, and if it does not certify the recall it has 5 more full business days after that meeting to go to court or to DBPR arbitration (Fla. Stat. § 720.303(10)(b), (d)). Recall is a serious step with strict rules, so it is worth reading the calmer options below first.

Last checked: September 23, 2026. Covers: Florida HOAs under Chapter 720, with a short note on condominiums under Chapter 718. DBPR rules, court decisions and local ordinances were not reviewed.

Who can be recalled, and how many votes does it take?

Any member of an HOA board may be recalled and removed with or without cause by a majority of the total voting interests (Fla. Stat. § 720.303(10)(a)). The statute applies “regardless of any provision to the contrary contained in the governing documents”, but it is subject to the developer-turnover rules of Fla. Stat. § 720.307 (§ 720.303(10)(a)). If the governing documents provide that only a specific class of members elects certain directors, only that class votes to recall them (§ 720.303(10)(a)2).

The threshold is a majority of the total voting interests, not a majority of those who vote.

How does the recall work step by step?

One route needs no member meeting:

  1. Members sign a written agreement, or a written ballot, to recall the director. It is served on the association by certified mail or personal service (Fla. Stat. § 720.303(10)(b)1).
  2. The board must notice and hold a board meeting within 5 full business days after it receives the agreement or ballots (Fla. Stat. § 720.303(10)(b)2).
  3. At that meeting the board either certifies the recall or does not. If it does not, the board must, within 5 full business days after the meeting, file a court action or petition the Department of Business and Professional Regulation (DBPR) for binding arbitration (Fla. Stat. § 720.303(10)(b)2, (d)).
  4. A signed agreement or ballot is not valid for more than 120 days after the member signed it (Fla. Stat. § 720.303(10)(b)3). A member who wants to withdraw a signature must do so in writing, delivered before the papers are served (§ 720.303(10)(b)4).

The statute also allows a recall vote at a meeting, but only if the declaration, articles of incorporation or bylaws specifically provide for it. A special meeting may be called by 10 percent of the voting interests “if so provided in the governing documents”, and the notice may not be sent electronically (Fla. Stat. § 720.303(10)(c)1).

What happens if the board does not certify or does not meet?

If the board fails to hold the meeting within 5 full business days, “the recall shall be deemed effective” (Fla. Stat. § 720.303(10)(f)). The owners’ representative may then petition or sue within 60 days after that period, with review limited to service and facial validity (§ 720.303(10)(g)). If the board holds the meeting and does not certify, it must file with the court or DBPR within 5 full business days after the meeting, as above.

A recalled director can challenge the recall by filing a petition or action within 60 days after the recall is deemed certified (§ 720.303(10)(k)). The certification-meeting minutes are an official record. If the board does not certify, they must identify the parcel number and reason for each rejected vote (§ 720.303(10)(i)). A recalled director must turn over association records and property within 5 full business days (§ 720.303(10)(b)2, (d), (f)).

Is there a time when a recall cannot be filed?

Under Fla. Stat. § 720.303(10)(l), the division or a court may not accept a recall filing when 60 or fewer days remain until the director’s scheduled reelection, or when 60 or fewer days have not elapsed since that director’s election. Check your dates first, and read paragraph (l) itself.

Who replaces a recalled director?

If fewer than a majority of the board is recalled, the remaining directors may fill the vacancies. If a majority or more is recalled, the members who voted in favor of the recall fill the vacancies (Fla. Stat. § 720.303(10)(e)).

Where does DBPR fit in?

DBPR’s role for HOAs is limited. Election and recall disputes go to DBPR binding arbitration or to court, and they are not eligible for presuit mediation (Fla. Stat. § 720.311(1)). In arbitration the petitioner pays a filing fee of at least $200 and DBPR charges a further fee at the end. The prevailing party recovers its reasonable costs and attorney fees (§ 720.311(1)). DBPR says it has no authority to investigate other Chapter 720 complaints (see Fla. Stat. § 720.302(2)). See Florida HOA laws.

What about condominiums?

Condominium recall is in a different statute: a majority of all the voting interests may recall a director with or without cause, subject to developer turnover under Fla. Stat. § 718.301 (Fla. Stat. § 718.112(2)(l)). A director who successfully challenges a recall may recover reasonable attorney fees and costs from the respondents (§ 718.112(2)(l)6). A recalled condo director has 10 full business days to return records, not 5 (§ 718.112(2)(l)1-3). Read that subsection in full.

What are calmer options to try first?

Recall can change who runs the community and may leave hard feelings. Here are options an owner may consider first.

  • Raise it at a board meeting. Owners may speak on designated agenda items (Fla. Stat. § 720.303(2)(b)). If 20 percent of the total voting interests petition (§ 720.303(2)(d)), the board must take up an item within 60 days, and each member gets at least 3 minutes on it if they sign up or ask in writing beforehand.
  • Ask for records in writing. See how to request HOA records.
  • Run for the board. A member may nominate himself or herself at the election meeting, unless advance nominations are allowed (Fla. Stat. § 720.306(9)). See how to run for the HOA board.
  • Wait for the next election. See Florida HOA annual meeting and election rules.
  • Try a neutral process. See mediation, arbitration and other ways to resolve disputes.

Separately from recall, the statute lists other removal grounds, such as certain criminal charges, with reinstatement if the charges are resolved without a finding of guilt (Fla. Stat. § 720.3033(3), (4)).

What to do next

  1. Read the recall section of your declaration, articles and bylaws, and count your total voting interests.
  2. Check the dates against the election calendar.
  3. Write down what you hope to change, and whether a records request, a petition item or the next election could get you there.
  4. If you go ahead, keep copies of every signed page and the certified-mail receipt.
  5. Consider talking to a Florida community association attorney before you file anything.

Common questions

How can an HOA board member be recalled in Florida? By a majority of the total voting interests. One route is a written agreement or ballot served on the association, followed by a board meeting within 5 full business days (Fla. Stat. § 720.303(10)(a), (b)).

How much does a recall cost? We did not find a total in the statute. If a dispute goes to DBPR arbitration, the petitioner pays a minimum filing fee of $200 and the prevailing party recovers reasonable costs and attorney fees (Fla. Stat. § 720.311(1)).

Sources

Checked September 23, 2026 (2026 Florida Statutes):

Important notice

Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.

This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.

About Fycus

Fycus is in development. The features described on this site are planned and not yet available. Pricing shown is planned pilot pricing and may change.

If one place for your association’s documents, deadlines and questions would help your board, you can request early access.