Can the members Recall a Board Director/ Governor

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Florida Statute, Chapter 617, governs all Corporations Not-For Profit; Chapter 720, governs all not-for profit Corporations who operate as a Homeowner's Associations in the State of Florida. Both statutes provide specific instructions on how to recall Board of Directors/Governors. The process is fairly simple:

•  A petition is generated (can be quickly generated using the on-line tool Change.org) stating the specific purpose to call a special meeting to recall a Board (s) member (s). 
• Signatures are collected and presented to the Secretary. For the ECC, our By-laws require the petition to be signed  by memberships having not less than eighteen percent (18%) of the then total membership votes, specifying the purpose of the meeting. Upon such request, the President shall designate the place, time and date of such meeting, such date, however, to be no later than forty-five (45) days after the request has been received by the Secretary. The Secretary shall distribute notice of each Special Meeting called under the provision of this section to the voting memberships of the Club at least thirty (30) days prior to the meeting, and such notice shall set forth the purpose of the meeting. Only the business specified in the notice shall be considered at such meeting. 

Here is what Florida Statutes 617.0808 Removal of directors states:

 Florida Statutes, Title XXXVI BUSINESS ORGANIZATIONS, Chapter 617 CORPORATIONS NOT FOR PROFIT states :   

 617.0808 Removal of directors.—

(1) Subject to subsection (2), a director may be removed from office pursuant to procedures provided in the articles of incorporation or the bylaws, which shall provide the following, and if they do not do so, shall be deemed to include the following:(a) Any member of the board of directors may be removed from office with or without cause by:

   1. Except as provided in paragraph (i), a majority of all votes of the directors, if the director was elected or appointed by the directors; or
  2. A majority of all votes of the members, if the director was elected or appointed by the members.
    (b) If a director is elected by a class, chapter, or other organizational unit, or by region or other geographic grouping, the director may be removed only by the members of that class, chapter, unit, or grouping. However:

  1. A director may be removed only if the number of votes cast to remove the director would be sufficient to elect the director at a meeting to elect directors, except as provided in subparagraphs 2. and 3.
 2. If cumulative voting is authorized, a director may not be removed if the number of votes sufficient to elect the director under cumulative voting is voted against the removal of the director.
 3. If at the beginning of the term of a director the articles of incorporation or bylaws provide that the director may be removed for missing a specified number of board meetings, the board may remove the director for failing to attend the specified number of meetings. The director may be removed only if a majority of the directors then in office vote for the removal.
   (c) The notice of a meeting to recall a member or members of the board of directors shall state the specific directors sought to be removed.
   (d) A proposed removal of a director at a meeting shall require a separate vote for each director whose removal is sought. Where removal is sought by written consent, a separate consent is required for each director to be removed.
   (e) If removal is effected at a meeting, any vacancies created shall be filled by the members or directors eligible to vote for the removal.
   (f) Any director who is removed from the board is not eligible to stand for reelection until the next annual meeting at which directors are elected.
   (g) Any director removed from office shall turn over to the board of directors within 72 hours any and all records of the corporation in his or her possession.
   (h) If a director who is removed does not relinquish his or her office or turn over records as required under this section, the circuit court in the county where the corporation’s principal office is located may summarily order the director to relinquish his or her office and turn over corporate records upon application of any member.
   (i) A director elected or appointed by the board may be removed without cause by a vote of two-thirds of the directors then in office or such greater number as is set forth in the articles of incorporation or bylaws.

(2) A director of a corporation described in s. 501(c) of the Internal Revenue Code may be removed from office pursuant to procedures provided in the articles of incorporation or the bylaws, and the corporation may provide in the articles of incorporation or the bylaws that it is subject to the provisions of subsection (1).

(3) This section does not apply to any corporation that is an association, as defined in s. 720.301, or a corporation regulated under chapter 718 or chapter 719.