KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
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BOD Recall Petition
Started by KP3 • 10 replies • 1882 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
I have never been involved in an official recall of board or board members. There was a situation when I left. The ex-president tried to do a "mutiny". However, it was really stupid. I had already announced my resignation and moved out of the HOA for months... He was angry because he couldn't "play me" and get to the HOA money while I was in charge. The new board would let him get his way. Never heard so many lies and false accusations about me in my life! It was quite funny and sad... So there is an emotional component to recalls one should factor in. Expect some hurt feelings.
My rule of thumb is to never recall a board member or a board unless you have a replacement. It doesn't do much to recall those willing to server for free, unless you have others willing to do the job too. I also say, if you are willing to do the work to remove your board, then your got enough energy to be a board member. Don't recall something if you don't have the resources. Plus if you haven't read the rules enough to even know the process of doing so.
My rule of thumb is to never recall a board member or a board unless you have a replacement. It doesn't do much to recall those willing to server for free, unless you have others willing to do the job too. I also say, if you are willing to do the work to remove your board, then your got enough energy to be a board member. Don't recall something if you don't have the resources. Plus if you haven't read the rules enough to even know the process of doing so.
Former HOA President
NigelB (Texas)
Posts: 254
Posts: 254
Posted:
Quote:
Posted By KP3 on 11/04/2016 4:49 PM
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By NigelB on 11/05/2016 9:43 AM
Posted By KP3 on 11/04/2016 4:49 PM
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
The thing is, one board member is unhappy because he didn't get the president position. He has convinced the treasurer into going door to door 'asking for support' in removing the board as a whole and starting over. He is citing 'no transparency within the board' ( neither of them have told any other board member what they are doing) as well as just slandering the board with his opinion. Some folks have signed his 'petition' just to get him to leave them alone because if they seemed undecided, he would just come back.. A special meeting can be called by the president or two director according to our bylaws.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
KP, you must, as Nigel stated read your own Bylaws about recalls and also your state laws, which might have something to say about the topic.
You also must read your Bylaws more closely. Who may call a MEMBERS (Owners) meeting? That might be different than who may call a board meeting.
You also must read your Bylaws more closely. Who may call a MEMBERS (Owners) meeting? That might be different than who may call a board meeting.
NigelB (Texas)
Posts: 254
Posts: 254
Posted:
Quote:
Posted By KP3 on 11/05/2016 11:58 AM
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
Posted By NigelB on 11/05/2016 9:43 AM
Posted By KP3 on 11/04/2016 4:49 PM
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
The thing is, one board member is unhappy because he didn't get the president position. He has convinced the treasurer into going door to door 'asking for support' in removing the board as a whole and starting over. He is citing 'no transparency within the board' ( neither of them have told any other board member what they are doing) as well as just slandering the board with his opinion. Some folks have signed his 'petition' just to get him to leave them alone because if they seemed undecided, he would just come back.. A special meeting can be called by the president or two director according to our bylaws.
I doubt that a "petition" will do anything. You really have to look to your Bylaws to see what steps are needed to remove a board member or the board. It probably can only be done by a vote of a majority of the membership and a petition is not a vote. If your Bylaws are like ours even if a special meeting is called it would still need a majority (more than 50% of the membership to remove anyone).
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By NigelB on 11/05/2016 6:08 PM
The thing is, one board member is unhappy because he didn't get the president position. He has convinced the treasurer into going door to door 'asking for support' in removing the board as a whole and starting over. He is citing 'no transparency within the board' ( neither of them have told any other board member what they are doing) as well as just slandering the board with his opinion. Some folks have signed his 'petition' just to get him to leave them alone because if they seemed undecided, he would just come back.. A special meeting can be called by the president or two director according to our bylaws.
Posted By KP3 on 11/05/2016 11:58 AM
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
Posted By NigelB on 11/05/2016 9:43 AM
Posted By KP3 on 11/04/2016 4:49 PM
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
Have any of you current or former board members ever been involved in a petition to remove the board as a whole? What was the turnout and how does it really work?
You need to look at your Bylaws. Ours state the following:
Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association.
Such a vote might have to be accomplished at a Special Meeting.
Under our Bylaws - Special Meetings may be called upon written request of 1/4 of the membership of the association.
So we'd first have to get 1/4 of our members to request a Special Meeting, and then get a majority of the membership (not a majority of a quorum) to vote to remove the Board Member or Members. You'd basically have to go from door to door and either request proxies or solicit votes to accomplish what you want to do.
If you accomplish removal of the board you have a leaderless association which would require new board members to be elected. Our Bylaws really don't contemplate removing the whole board, but with the changes to section 209 of the Texas Property Code enacted last year, you are required to notify the entire membership of vacancies on the board, and give them the opportunity to have their names included on the ballots. This is required to be accomplished at least 10 days prior to the meeting in which the election is held.
Basically if you remove a board, there's going to be at least a 10 day pilotless period between removal and election of the new board.
The thing is, one board member is unhappy because he didn't get the president position. He has convinced the treasurer into going door to door 'asking for support' in removing the board as a whole and starting over. He is citing 'no transparency within the board' ( neither of them have told any other board member what they are doing) as well as just slandering the board with his opinion. Some folks have signed his 'petition' just to get him to leave them alone because if they seemed undecided, he would just come back.. A special meeting can be called by the president or two director according to our bylaws.
I doubt that a "petition" will do anything. You really have to look to your Bylaws to see what steps are needed to remove a board member or the board. It probably can only be done by a vote of a majority of the membership and a petition is not a vote. If your Bylaws are like ours even if a special meeting is called it would still need a majority (more than 50% of the membership to remove anyone).
I agree. It takes more than a petition.
SueW6 (Michigan)
Posts: 814
Posts: 814
Posted:
Perhaps he's using the petition to justify the meeting and give it a purpose.
No harm in that. It sets the meeting agenda.
But he will have to have those votes to remove the board. That's an action that should not be taken lightly.
No harm in that. It sets the meeting agenda.
But he will have to have those votes to remove the board. That's an action that should not be taken lightly.
KP3 (Texas)
Posts: 124
Posts: 124
Posted:
Quote:
Posted By KerryL1 on 11/05/2016 5:26 PM
KP, you must, as Nigel stated read your own Bylaws about recalls and also your state laws, which might have something to say about the topic.
You also must read your Bylaws more closely. Who may call a MEMBERS (Owners) meeting? That might be different than who may call a board meeting.
KP, you must, as Nigel stated read your own Bylaws about recalls and also your state laws, which might have something to say about the topic.
You also must read your Bylaws more closely. Who may call a MEMBERS (Owners) meeting? That might be different than who may call a board meeting.
By-laws state that the president may call special meetings in addition, the president shall have the duty to call a special meeting as directed by a board majority OR upon a petition signed by voting members representing 51% of the class A votes..
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
KP
Typically a Special Meeting must have a specific purpose such as replace BOD Member Jane Smith with Harry Jones. It cannot be just a general bytching session like let's gett together and tell the BOD what we do not like.
Typically a Special Meeting must have a specific purpose such as replace BOD Member Jane Smith with Harry Jones. It cannot be just a general bytching session like let's gett together and tell the BOD what we do not like.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Quote:
Posted By JohnC46 on 11/07/2016 2:29 PM
It cannot be just a general bytching session like let's get together and tell the BOD what we do not like.
It cannot be just a general bytching session like let's get together and tell the BOD what we do not like.
Yep. That's reserved for the annual meeting
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