Q&A: Kicking Out a Board Treasurer

"Does the individual condo association board members and president have the legal right to remove a treasurer from his or her duties without due cause and deny them a chance for rebuttal?"

—Concerned Resident

“Condominium associations are governed by section 718, Florida Statutes,” say attorneys Michael Freed, Matt Jackson and Emily Friend of Brennan, Manna and Diamond, a law firm in based in Jacksonville and Bonita Springs, Fla. At the outset, it is important to note that the individual bylaws of a particular condominium Association may, where permitted by statute, alter the general rules stated below. Specifically, section 718.112(2) (a)1, Florida Statutes, provides that “the form of administration of the association shall be described indicating the title of the officers and Board of Administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards.”

“In the absence of such a provision, section 718.112(2)(a)1, Florida Statutes, requires that there be a Board of Directors or Administration consisting of five members (except in the case of a condominium which has five or fewer units, in which case in a not-for-profit corporation the Board shall consist of not fewer than three members.) The Board of Directors shall consist of a president, a secretary, and a treasurer. These officers shall perform the duties of such officers customarily performed by officers of corporations and they shall serve without compensation and at the pleasure of the Board of Administration. Fla. Stat. 718.112(2)(a)1 (2010).

“Therefore, a treasurer can be removed at the pleasure of the Board of Directors. This can be done without cause. As an aside, any member of the Board of Directors may be recalled or removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. Fla. Stat. § 718.112(2)(j) (2010). A special meeting of the unit owners to recall a member or members of the Board of Administration may be called by 10% of the voting interests giving notice of the meeting as required for a meeting of unit owners. The latter notice must state the purpose of the meeting. Fla. Stat. § 718.112(2)(j) (2010).

“Again, it is important to note that most condominium bylaws provide for specific procedures regarding the removal of officers and board members; therefore, it is advised that one should always consult the applicable bylaws and/or a qualified attorney before proceeding.”    

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