Recycle Petition for Special Meeting?

Started by CathyW3 • 4 replies • 1604 views

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CathyW3 (California)
Posts: 2

Posted:

Hi,

We're located in Los Angeles, CA. We're trying to remove the president of our HOA. Our board members have been pushing the meetings back because they know the members would like to recall the board. Therefore, a petition by members for a Special Meeting has been submitted to our Property Management Company. Our Property Management Company has set a date for the special meeting. However, the President of the Board is trying to redirect attention by trying to discuss two issues during the Special Meeting.

My questions are:

Since the petition for the special meeting was only meant to recall the board. Can they (boards of the HOA) recycle the same petition and use it on another subject to be discuss during the special meeting?

Do we need an attorney to assist us to do such recall? (suggested by our management company).

Thanks!!

RobW (California)
Posts: 279

Posted:

I think you mean, "Can the president of the board hijack the special meeting to deal with other business?"

The answer is "no." The only business that can be covered in the special meeting is the business described in the petition itself.

Recall Meeting Agenda

The agenda for the meeting may include only those matters which are to be voted on by the membership as provided for in the meeting notice. Corp. Code §7511(a). Such matters must be on the ballot sent to the membership in advance of the meeting. However, the board may include items on the agenda such as an Open Forum for the membership.

Rob

CathyW3 (California)
Posts: 2

Posted:

Thanks, Rob

TimB4 (Tennessee)
Posts: 21,059

Posted:

Cathy,

If you read Robs posting you would see that it depends on the meeting notice. The petition is not the notice of the meeting. Therefore, I don't completely agree with Rob. Lets say the following happened:

The petition calls for a meeting to recall the Board.

Petition is accepted by the Board.

The Board decides to add something to the agenda.

The Board sends the notice of the meeting listing both the petition reason and the additional item.

Since the meeting notice identified both items then Corp. Code is satisfied.

RobW (California)
Posts: 279

Posted:

I see why you might think that Tim, but you are overlooking one very important aspect of the special meeting called for in a recall petition:

A recall petition forces the board into scheduling a special meeting of the members - not a special meeting of the board. The meeting may have a single purpose: to vote (or count ballots) to remove a director or directors, or it may also include a second purpose: to vote at the same meeting to fill the seat/s vacated if the recall is successful.

Because it is a meeting called by the members, and the purpose of the meeting is spelled out in the petition, the board cannot add any agenda items to the meeting.

Rob

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