Removal of Director, Davis Sterling Interpretation.

Started by FionaC • 12 replies • 2377 views

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FionaC (California)
Posts: 212

Posted:

http://www.davis-stirling.com/MainIndex/RecallVoting/tabid/1347/Default.aspx#axzz1ZCJMgUNR

I am actively seeking information needed. Easily understood a 5% of membership is needed in initiating a petition for recall. ( thats easy// )

Can not figure out what is considered removal by votes... we do cumulative voting. Our HOA has 30 members that can vote.

What is the number of yes to remove votes needd. ??

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By FionaC on 09/27/2011 4:32 PM
http://www.davis-stirling.com/MainIndex/RecallVoting/tabid/1347/Default.aspx#axzz1ZCJMgUNR

I am actively seeking information needed. Easily understood a 5% of membership is needed in initiating a petition for recall. ( thats easy// )

Can not figure out what is considered removal by votes... we do cumulative voting. Our HOA has 30 members that can vote.

What is the number of yes to remove votes needd. ??

Oh.. currently, our governing documents do not state our procedure for removal, so it's up to follow DSA.

RichardP13 (California)
Posts: 1,767

Posted:

It may not be as easy as you think because of cumulative. Here is a link to the formula used to calculate.

http://www.davis-stirling.com/MainIndex/RecallVoting/tabid/1347/Default.aspx#axzz1ZCPnFqeN

It may be easier to recall all, and have an election to replace all including the recalled one. Remember, they can still one in the election.

RichardP13 (California)
Posts: 1,767

Posted:

Meant to say, the recalled Director may still run for election.

FionaC (California)
Posts: 212

Posted:

Thanks.. the easy formula, I DON"T understand. That's why i am asking what the magic number would be. The board member is question has has enough beefs with enough people that the majority of neighbors feels she does not represent our community in a positive way. She is self serving, rude and speak to everyone as though she is above them. She speaks as though this is her domain.

She told a homeowner point blank during a meeting, " I do not know why your complaining about the new xyz, you have NO voice here". Example.

She actually as our HOA and her title on her linked up profile, and a bizarre corporate profile set up with her as the only board member, I found this by googling her name and our HOA.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Fiona,

The formula is based on blocking the recall irregardless of how many yea votes were cast (this is due to cumulative voting).

Based on your information of 30 lots in the Association, the number of nay votes required to be received to block the recall would be as follows:

1 director recalled than 16 nay votes received will block the recall

2 directors recalled then 11 nay votes received will block the recall

3 directors recalled then 8 nay votes received will block the recall

4 directors recalled then 7 nay votes received will block the recall

5 directors recalled then 6 nay votes received will block the recall

If the number of the nay votes received equals the above number, the recall is blocked irregardless of how many yea votes are cast.

As you can see, if you have cumulative voting it's best to recall only one or two Directors at a time vs the whole board.

Tim

RichardP13 (California)
Posts: 1,767

Posted:

Actually the calculations are a bit off.

I am guessing if you have 30 units then you will probably have only three directors.

The formula is Members/# of directors + 1, +1. So 30/4+1=8.5 rounded to 8.

If this person got 8 people to vote no, the recall would be block, even if 22 votes yes.

The process was put into place to insure developers while in the process of building the units could control the Board and stop and recall.

I actually ran into the author of davis-stirling.com at a function this evening. He has an amazing website and most useful.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By RichardP13 on 09/27/2011 10:51 PM
Actually the calculations are a bit off.

I am guessing if you have 30 units then you will probably have only three directors.

The formula is Members/# of directors + 1, +1. So 30/4+1=8.5 rounded to 8.

If this person got 8 people to vote no, the recall would be block, even if 22 votes yes.

The process was put into place to insure developers while in the process of building the units could control the Board and stop and recall.

I actually ran into the author of davis-stirling.com at a function this evening. He has an amazing website and most useful.

I appreciate this. We have a few things going on internally that need to be settled first. But this is on the forefront of many many homeowners. Tonight, just with the interactions people are having. 10 have mentioned they'd support her removal.

It's a tough situation to be in. But for the betterment of our community I believe we need to take a serious look at this.

More than likely people may vote yes or no... but those who are willing to give an opinion openly say they'd recall if the oppotunity arisess. It appears to be an easy initiation with a petition! Not much. OUr HOA has 4 members.. the other 3 are fine.

If there is a petition, I will be happy to initiate it but I had 5 homeowner asking to sign it tonight.
LOL

TimB4 (Tennessee)
Posts: 21,062

Posted:

Why doesn't the Board just remove the individual from the office of President?

This may cause them to take pause and look at what caused this to happen OR they might just resign out of spite.

RichardP13 (California)
Posts: 1,767

Posted:

I will go one step further to explain my point. Bylaws that have cumulative voting will have rules that will state that "unless the entire Board is removed from office by the vote of the Members, an individual Director shall not be removed prior to the expiration of his tyerm of office if the number of votes cast against his removalor not consenting in writing to his removal would be sufficient to elect the director if voted cumulatively at an election at which the same total number of votes and the entire number of directors authorized at the time of the most recent election of directors were then being elected".

The above were from our old Bylaws, we since eliminated cumulative voting.

Lets make our recalled director candidate C

Candidate A=10 ballots times 3 ==30
Candidate B=10 ballots times 3 ==30
Candidate C=8 ballots times 3 ==24
Candidate D=2 ballots times 3 ==6

Candidates A, B and C would be elected

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By RichardP13 on 09/27/2011 11:09 PM
I will go one step further to explain my point. Bylaws that have cumulative voting will have rules that will state that "unless the entire Board is removed from office by the vote of the Members, an individual Director shall not be removed prior to the expiration of his tyerm of office if the number of votes cast against his removalor not consenting in writing to his removal would be sufficient to elect the director if voted cumulatively at an election at which the same total number of votes and the entire number of directors authorized at the time of the most recent election of directors were then being elected".

The above were from our old Bylaws, we since eliminated cumulative voting.

Lets make our recalled director candidate C

Candidate A=10 ballots times 3 ==30
Candidate B=10 ballots times 3 ==30
Candidate C=8 ballots times 3 ==24
Candidate D=2 ballots times 3 ==6

Candidates A, B and C would be elected

I understand. It took a minute. But yes, I understand,

While there is a chance that votes can be blocked, giving the feelings of the community, I suspect many people wish to recall. Our fiscal year is about 6 months out.

Have you ever seen any directors moved.

RichardP13 (California)
Posts: 1,767

Posted:

In you scenario, the most nay votes you want is 4, if everyone votes. The smaller the turnout, the more difficult of your chances to succeed.

You are better to remove everyone and start fresh. In that case, none of the formula would come into play, it would be a simple majority to recall. Then you get the "good" people to run and vote them in.

FionaC (California)
Posts: 212

Posted:

THe board on a whole is good. This loose canon is a danger, and doesn't represent the community as a whole in a positve light. She is abusive, abrasive and the issues well known to our community tonight with a threat to "get management " involved does not show her in a positive light.

Its hard enough to get votes out there for a regular election, but if this is a removal.. everyone I had interacted with is for it. Hard to say where to proceed with this.
The community can only try I guess.

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