HOA BOD considers petition invalid

Recently we presented a petition for a special meeting for the purpose of removing the board of directors, the board responded within the 20 days saying they considered the petition invalid.
PETITION FOR SPECIAL MEETING
The undersigned members representing 5% or more of the,our HOA name was here, hereby petition that the board of directors set the earliest reasonable date, time and place for a special membership meeting for the purpose of, removing the board of directors of the our HOA name was here, and that notice and ballots be sent by the board to the membership as provided for in Corporations Code 7511 and Civil Code 5115. The petition was signed and names printed by 5% of the membership.
I do not believe the petition to be invalid and do not know how to enforce our due process.
Thanks

What reason, Jeff, did the Board give you in writing for terming your petition invalid and refusing to call a special mtg.?

Below is from davis-stirling.com, which is compiled by attorney at a CA HOA law firm. Does your petition exactly follow this format? If so, enforcing your rights can be done by a bunch of your member getting together, writing a letter to the Board protesting their decision that you all think is incorrect.

Otherwise you'd have to hire an HOA attorney to hep you. what size is your HOA? Do you have a property manager?

"Recalls
Petition Percentage. Members may request a special meeting of the membership for the purpose of removing the entire board or individual directors and the election of new directors in the event the recall is successful. The petition must be signed by 5% or more of the membership (Corp. Code §7510(e)), meaning persons who are on title. The low percentage can lead to abusive recall petitions which associations can take steps to limit.

Delivery of Petition. Delivery of the properly signed petition to the board is generally addressed in the bylaws. If not, personal delivery to any officer, director or managing agent is sufficient to put the board on notice and start the clock running on the board's duty to set a date for the meeting. The petition may also be sent by certified mail to any officer, director or managing agent.

Setting Meeting Date. Once a proper petition has been submitted to the board, the board must set a date for the meeting and send notice to the membership. The board must also prepare and send ballots as provided for in Civil Code §5115(a)."

For more information, see Recall Menu, Davis-stirling.com,

Once the recall petition is submitted, it should be given to the property management company or the attorney for the HOA. It's not up to the Board at that point to determine whether or not the petition is valid. I third party must get involved.

Jeff

Be it CA or not, recalls and Special Meetings are filled with fraught. You all requested one. The BOD threw it back in your lap saying not valid. Time for you recallers to put your money where your mouth is and lawyer up.

JohnC by voluntary position I mean they are not paid to be on the board. We are trying to avoid the cost of lawyers but if that is what must be done then so be it.

My question is if a special meeting is called and the entire Board is removed are there people willing to take the place of the removed Board Members.

Unlike your documents our documents require that someone is willing to take the place of removed Board Member(s) removed by a special called meeting of the members.

Jeff

Based on what you wrote the petition is VALID, as long as the required 5% of members signed the petition. If they consider it invalid, you have the ability to set the meeting date and run the election. Just follow the rules carefully for recalls.

Jeff

Some have suggested the petition might be considered invalid IF the member was not in "good standing". California Corporation Code §7341 requires that due process be followed prior to suspending one's right to vote OR sign a petition.

KerryL1
I asked the Property mgmt. why the petition was considered invalid and was told they did not have to tell me, it seems that the mgmt. company in for some reason only acting as this board lap dog and not acting in the best interests of our HOA imo. I know that if we succeed in removing this board the new board will certainly revisit the contract with the mgmt. co and not renew it.

BonnieG
if the board is removed then the mgmt. company would send out the paperwork to have nominations, and then the ballots to vote for new board members, the new board would then serve out the remaining term.

Jeff

According to Corporation Code §7222(a) Directors may be with or without cause. The reason for removal on the sample petition is for courtesy purposes ONLY.

Second, unless your association has printed Election Rules specifically for your association, they cannot act or conduct an election. Too many management companies skirt the statues when it comes to elections.