Invalid Recall Petition for HOA Board

Started by MarkA6 • 3 replies • 1848 views

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MarkA6 (California)
Posts: 1

Posted:

Yesterday, my Management Company was presented with a petition to Recall an entire 7-member BOD.

Our Association has 535 voting members.The petition has 40 valid homeowner signatures. The form was obviously copy/pasted from the Davis-Sterling website. However, on several different pages the ""REASON to Recall Board" is different!The petition was presented as entire petition package. However, there are three variations on the REASON to Recall. Wouldn't that/shouldn't that make the petition invalid?? Shouldn't the recall group go back to the drawing board with a uniform recall petition?

Need some thought leadership on this matter.

Many thanks!
M

EricH8 (Virginia)
Posts: 116

Posted:

I don't think it is reasonable to expect that all the signers would have the same reason why the are dissatisfied with the board.

RichardP13 (California)
Posts: 1,767

Posted:

Mark

Generally, bylaws are worded in such a matter that Directors may be recalled "with or without cause", so, IMO, the reason(s) stated on the petition have no bearing. What is important though is what the actual intention of the petition. That portion MUST be spelled out and to the letter or the petition become invalid.

I have experience in a recall petition, where reason were stated on the petition, yet when signatures were being gathered, a different story was being portrayed.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mark,

When you say "my management company" I'm not sure if your the owner of the MC, a member of the existing Board, an organizer of the recall or a member of the Association.

In my opinion, when a recall package is received, the Board has one of two choices:

1) Accept the request in the spirit it was completed in and schedule a general membership meeting for the purpose of recalling the Board

2) Find some technicality in the request in order to delay or derail the recall.

What the Board chooses is, in my opinion, an indication of the character of the individuals serving. Personally, if I were on the Board, I would schedule the meeting, explain my actions at the meeting and let the members decide.

The valid petition sample provided on Davis-Stirling doesn't specify that a reason is needed. It only specifies that the purpose of the petition be the same on each page of the petition. Therefore, based on this I would advise:

If you're the PM or owner of the MC: Forward the petition to the Board. You can mention that the Board has two options, 1) accept the petition or seek legal advice for technicalities to reject the petition. The final decision is the Boards.

If you're on the Board: Accept the petition. Spending money for a legal opinion or rejecting the petition on what may or may not be a technicality, may actually backfire and have others now willing to sign the petition that didn't want to earlier.

If you're an organizer of the recall: If the petition is rejected, play the game. Rewrite the petition without a reason for recall and get signatures. Use this rejection to gather additional support from the membership.

If you're a member of the Association: Trust what you are being told but verify it via independent means. Review minutes of meetings and research applicable laws. This way you can make an informed decision when you cast your vote.

Hope this helps,

Tim

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