Recall Petitions

Started by LindaS27 • 7 replies • 1107 views

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

⚡ Takes 30 seconds

Already a member? Log in

LindaS27
Posts: 236

Posted:

Does anyone have any suggestion for how to word the document for member signatures to recall a board?
are there any special criteria that need to be on the form?

JohnC46
Posts: 14,230

Posted:

Quote:

Posted By LindaS27 on 10/27/2016 3:08 PM
Does anyone have any suggestion for how to word the document for member signatures to recall a board?
are there any special criteria that need to be on the form?

Typically a special Meeting must be called with the stated intent of recalling a BOD and those to replace them. Replacing the BOD or any member, cannot be done by a petition alone.

LindaS27
Posts: 236

Posted:

Thanks John, I need to clarify better:

We need to gather around 80 signatures to call for a special meeting for the recall. I was wondering how to word the form that the signatures will be on. I don't want the BOD or MC to deny the special meeting because I left something off of the form - BOD names, addresses, dates, special wording?

JohnC46
Posts: 14,230

Posted:

Quote:

Posted By LindaS27 on 10/27/2016 3:40 PM
Thanks John, I need to clarify better:

We need to gather around 80 signatures to call for a special meeting for the recall. I was wondering how to word the form that the signatures will be on. I don't want the BOD or MC to deny the special meeting because I left something off of the form - BOD names, addresses, dates, special wording?

Linda

The BOD's initial reaction will be to find something wrong. My advice is hire an attorney to guide you through the procedure. Fight fire with fire.

FredO1
Posts: 18

Posted:

Linda:

Here is a link to the State of Florida's recall petition form -http://www.myfloridalicense.com/dbpr/lsc/documents/recall_agreement_ballot.pdf

Perhaps you can adapt it to Colorado law.

Also, you may want to check on-line to see if Colorado has a similar approved form.

FredO

FarT
Posts: 14

Posted:

Another (possible) Florida difference is that no meeting need be called by members to initiate a recall.

One or more may canvass the community with the forms linked above. Once the 51% member signature threshold is reached the forms are then delivered by certified mail to the HOA's Agent.

Once received, THE BOARD must call a meeting to certify the recall petitions within 5 days.

If a majority of the BOD is to be recalled then there MUST also be names of volunteers who will assume the positions.

As mentioned above, all protocols must be executed to PERFECTION or the recall will be invalidated.

KerryL1
Posts: 14,519

Posted:

You need, as someone suggested, to check CO law on the topic. Or is it silent? The wording you use must comply with your own documents, probably your bylaws and with CO law.

JohnC46
Posts: 14,230

Posted:

Linda

Did You not learn anything from your recall attempt in 2011?

🎯 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