Recall Language

Just wondering if someone could give me their impression of the vote requirement for a recall. As written, I beleive it requires a 2/3 vote of all homeowners while other believe it implies that a 2/3 vote of those in attendance for a special/recall meeting.

Section 4. Removal. Any Board member may be removed from office by
affirmative vote of the Voting Members having at least two-thirds (2/3) of the total votes,
at any special meeting called for that purpose. A successor to fill the unexpired term of
a Board member removed may be elected by the Voting Members at the same meeting
or any subsequent annual meeting or special meeting called for that purpose, such
meeting to be held within thirty (30) days after the special meeting which removed the
Board-member.

I would also appreciate any link to Wisconsin law that would regulate HOA rules, regulations and requirements of BOD. I had some links but seem to have deleted them.

TIA!!

Dave,

I understand how you might interpret that section as 2/3 of the membership. However, in my interpretation, it does not say that.

The problem is, as Carol pointed out, the placement of the comma. Did the writers mean 2/3 of the votes cast at the meeting or 2/3 of the total available votes present at the meeting. Depending on your documents "present" could be in person or by proxy. Since most Associations are corporations and must comply with corporate law, it would be a good idea to see what that law says.

Typically, Associations are incorporated as a nonstock/nonprofit corporation. Since this is typical, I will expect this to be the same for your Association but you will need to verify this. Per WI 181, NONSTOCK CORPORATIONS , and specifically 181.0808:

"Number of votes needed to remove. Except as provided in sub. (8), a director may be removed under sub. (1) or (2) only if the number of votes cast to remove the director would be sufficient to elect the director at a meeting to elect directors."

Therefore, unless your governing documents require 2/3 vote of the membership to elect a Director, I would expect that the paragraph you cited is referring to 2/3 of the available votes present at the meeting called for the purpose of recalling directors. Providing you achieve a quorum.

Here are links to your other question:

Wisconsin Statutes

Wisconsin Statutes, Chapter 181, Nonstock Corporations pdf document

Wisconsin Condominium ownership act

HOA-USA Wisconsin State Laws page

Hope this helps,

Tim

Language is important for everyone to be understood. Its an important component in a good communication. Recall language is something unbelievable.