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BarbaraW10 (Arizona)
Posts: 4
Posted:
Our HOA is in the process of gathering petitions for the removal of one BOD. During a recent mtg, the director mentioned the petition was a moot point because the signatures had expired. He mentioned a 50 day limit. How long can our HOA take to gather signatures and not run into a validity issue. Thanks!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ask for the basis of the 50 day time limit (statute, etc.).
Otherwise, they should be taking the petition at face value
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Barbara

I know of several ways to remove a BOB Member but I know of no way via a petition. Please show us how your association docs allow such.

TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

I expect (well hope) that Barbara meant that the petition was to call for a special meeting of the membership for the purpose of recalling the individual.

Otherwise, the petition would simply be a request to the Board that the individual be removed from serving as an Officer with a hope that they will resign.

Barbara, the reason I say this is that most documents only authorize the membership to call a special general membership meeting for a specific purpose.
BarbaraW10 (Arizona)
Posts: 4
Posted:
Tim,
Yes, you are correct that the petition is to call a special meeting for the purpose of removing a board member.
GeorgeR8 (Arizona)
Posts: 182
Posted:
I see nothing about a time limit. But......if it is taking that long to gather signatures are you sure you have the support needed to recall? You should only need 25% or 100 signatures, whatever is smaller to get the Special Meeting. It will then take a majority vote to recall the board member.

If it fails you won't be able to attempt another recall for the remainder of that board member's term.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Barbara

It may only take 25% to call for the Special Meeting but it may take 51% of all owners (not just those in attendance) voting for the recall for it to happen. In some cases the Special Meeting must be for the recall and the election of a named replacement only. Special Meeting is the first step. Be sure you understand the rest of the steps.
BarbaraW10 (Arizona)
Posts: 4
Posted:
Hi George,
The petition gathering has taken just over 2 mths, mostly due to summer months and our occupancy rate being lower in the summer. Our winter residents have started to return and we have more than sufficient signatures now. Thanks.
BarbaraW10 (Arizona)
Posts: 4
Posted:
Hi John,
Our bylaws indicate that a majority voting for removal (at the special meeting yet to occur), for those members present. No mention of 51% of ALL members, but rather of those present at the meeting. I think we're good on that point. Thanks.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 10/03/2017 6:06 PM
Ask for the basis of the 50 day time limit (statute, etc.).
Otherwise, they should be taking the petition at face value


Agree ... Ask for the State Law or CCR sections noting. If they cannot provide ... too bad ... so sad.
JudyM9 (Arizona)
Posts: 46
Posted:
For the purpose of calling a Special Meeting to recall one or more Board members in Arizona the number of signed member petitions is

if organization is 1000 members or less, then 25%
of organization is more than 1000 members, then 10%

The Board is required to schedule the meeting within 30 days and send out ballots. The ballots are collected up to and including the meeting itself, at which point voting is closed and the ballots counted. Simple majority decides the outcome.

ARS 33-1813.A.4

We are in the process of recalling 6 of 7 Directors in our club

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