While BPCA was not involved in the initiation of the recall effort, the BPCA office has received several inquires from residents and owners, as follows:
What is BPCA’s role in the recall process?
Answer: BPCA’s role in the recall process is set forth in Chapter 720.303 of the Florida Statutes. It’s basic responsibility is to verify the validity of the recall ballots by either certifying or not certifying the ballots, at a properly called board meeting not later than 5 full business days after receipt of the ballots. For the recall to be successful, a majority of the total voting interests of the association must vote in favor of the recall.
Is the recall a “Secret Ballot” process?
No, the ballots submitted are not secret; as stated previously, the BPCA board is charged with verifying and certifying the ballots. Accordingly, the person indicated as signing a ballot maybe contacted during the certification process. Ballots submitted become records open to inspection by BPCA members/owners.
Can a Ballot be withdrawn, revoked, or rescinded?
Yes, a Ballot may be withdrawn, revoked, or rescinded; however, it must be done, in writing, and delivered to the association (BPCA) before the association is served with the written recall ballots.
If the BPCA board does not certify the written ballots at the properly called meeting, what happens?
The BPCA board has 5 full business days, after the meeting, to file a petition with the Florida Department of Professional and Business Regulation for binding arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association.