Recall Petitions

Started by LindaS27 • 7 replies • 1107 views

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LindaS27 (Colorado)
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 (South Carolina)
Posts: 14,265

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 (Colorado)
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 (South Carolina)
Posts: 14,265

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 (Florida)
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 (Alabama)
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 (California)
Posts: 14,550

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 (South Carolina)
Posts: 14,265

Posted:

Linda

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

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