In 2021 a recall petition with the required majority of votes (146 homeowners) was presented to the Boca Rio Townhomes Board of Directors. The board at that time was legally dismissed and were no longer authorized to conduct any business on behalf of the residents of Boca Rio Townhomes. Instead of graciously accepting the outcome of the recall petition and the majority of the residents wishes, the board chose to "disqualify" enough votes in order to maintain their respective positions.
According to Florida statute, the board members who were recalled did not have the authority to disqualify any votes, in fact they are legally obligated to not participate in the election process at all. The only recourse the board had after being recalled was to file within 5 days a petition with the Division of Florida Condominiums, Timeshares, and Mobile Homes to begin a binding arbitration.
Florida Statutes are clear, the board is not allowed to participate in ballot decisions.
An impartial committee shall be responsible for overseeing the election process and complying with all ballot requirements. For purposes of this section, the term “impartial committee” means a committee whose members do not include any of the following people or their spouses:
(I) Current board members.
(II) Current association officers.
(III) Candidates for the association or board.
Instead of seeking legal arbitration, the board then filed a lawsuit in Palm Beach County seeking injunctive relief, "Property Owners Voting for Recall" were the the named defendants.
The HOA Board has repeatedly denied that they filed a lawsuit, a copy of the lawsuit is linked below.
BOCA RIO TOWNHOME ASSOCIATION vs. PROPERTY OWNERS VOTING FOR RECALL :
And a copy of the complaint:
Boca Rio TownHomes Board Voted Out - Sues Homeowners