💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RichardP13 (California)
Posts: 1,767
Posted:
Need help with an interpretation.

Bylaws state that a Director may be removed by a majority vote of 1/3 of the Voting Power of the Association. The Association has 317 members. How many ballots need to be cast?

Thanks
TimB4 (Tennessee)
Posts: 21,062
Posted:
Simple Math.

317 divided by 3 = 105.67
Round up to next higher number = 106 minimum votes cast(expecting that all members are in good standing and have voting rights)
Simple majority = 50% + 1

Now, I've never seen the language you've cited for a recall.
Is that the exact language in the bylaws?

TimB4 (Tennessee)
Posts: 21,062
Posted:
I just noticed that you are in California.

California has a lot of rules regarding Associations. Therefore, you should verify that there isn't a law which might invalidate that section of the Bylaws.

Here is a link to Davis-Stirling.com recall menu page
RichardP13 (California)
Posts: 1,767
Posted:
Thanks Tim

That was the answer I just got.
RichardP13 (California)
Posts: 1,767
Posted:
Another question...

Would you allow people to go door to door campaigning and collecting secret ballots or follow the guidelines set out in the Assoication's election rules such as..ballots may be returned by mail, returnd in person to the meeting or the person may vote at the meeting.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Richard are you seriously asking that or trying to point out a problem with that happening. Voting happens according to the rules...

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
People could certainly go door to door to collect proxies (if proxies are allowed).

As for returning the ballots to the Association (technical name would be the inspector of elections), you must follow procedures authorized in your governing documents and comply with State Law.

Personally, I prefer proxies and to have ballots cast at a meeting. If your voting by mail, I would not recommend anyone go door to door. However, a controlled drop box located in a central location would be appropriate.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here