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WarrenA (Arizona)
Posts: 5
Posted:
Petitions have been submitted to recall 5 of 7 BOD members. Initially it was 6 of 7, but the treasurer has already stepped down. The president has offered to resign if it would stop the recall effort from proceeding. The recall committee would agree with 2 stipulations. Question is does the recall committee have the authority to stop the process once the petitions have been submitted. assuming The required number of signatures is not yet validated to my knowledge, however it is expected to reach the needed number. The reasons for the recall all stem from actions initiated by the treasurer and president, with the remaining members going along with the plan, save one. So as a compromise it could be acceptable with the 2 stipulations.

I have found nothing in the Statutes that addresses how to stop the process.
TimB4 (Tennessee)
Posts: 21,059
Posted:
With the expectation that there is no formal policy on what a recall committee may or may not do, I would believe that whomever, an individual or committee, took charge and circulated the petitions for submission would also have the authority to withdraw the request once submitted.

SusanW1 (Michigan)
Posts: 5,202
Posted:
The recall committee can withdraw the petition at any time. It is not an official act yet, anyway.

If the withdrawal depends on getting rid of the Pres. and Treasurer, be sure to have their resignations accepted by the board before you end the recall effort.

PS You don't mention how those vacant positions are going to be filled.
WarrenA (Arizona)
Posts: 5
Posted:
So, there was an offer put forth by the Board Prez to resign in exchange for stopping the recall, the treasurer has already stepped down back in November, a meeting with the lawyer present to explain the process. The meeting started with the recall compromise counter offer to accept the resignation with the stipulation request that the ONE Board member who did not go along with the questionable activities should be seated as president until the March election.
It was declined without discussion and the meeting was lead through all the protocol of proceeding with th recall, only to come to an additional compromise at the end to accept the replacement board member for the already resigned Treasurer.

This was done by collecting enough signatures that were eligible on the petitions and disqualifying them through a separate petition to bring the number required below the 10% mark. Oddly enough the number required was only nine. The lawyer claimed that was the only legal way.
One thing stands out however, which is the knowledge of the number results for the recall petition given to the Board in private before they voted on the parameters of allowable signatures with regard to being paid up on assessments. This was apparent when they pointed out that their decision had actually allowed the petitions to meet the mark as opposed to the alternate that would not have. It was clearly an effort to put themselves in the best light, but revealed the back room activity.
Is this an appropriate action by the lawyer?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Warren,

I think it would depend on a persons perspective(no matter if the venue was over a conference table or in a court of law). If I was on the side represented by the attorney I would say great, my attorney is trying for every legal advantage - that's why I pay them. If I was on the side opposing the lawyer I would say - look at this, what a cheap trick. Glad we were prepared to counter it.

It's all perspective.

I think you are missing the big picture. The committee was successful in bringing the issue to a mutual agreement. Now the work begins and you move forward. Hopefully the issue that caused the recall effort to happen will be resolved or on the way to resolution by the election.

Tim
WarrenA (Arizona)
Posts: 5
Posted:
More of a curiosity really, I was content with the decision of eligibility because it was the same as how they were originally elected, and that to me is fair. But the law firm while I understand is there to represent the Association through the Board, was also the entity that verified all signatures, I would hope for at least that portion they could stay impartial to allow true consideration from the Board on what is fair and not what may be advantageous one way over another.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
I'm an HOA president and I can't understand staying on an HOA board if a vast majority of the community owners wanted me to resign. Why fight over a volunteer position? Maybe I'm a touch jaded.

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