Board recall

WE have cumulative voting in 46 homes and a board of 5 Directors. Our
annual board election of 3 directors is scheduled for April 19. Three of
the controlling board directors are up for reelection on that day. At our
last board meeting 8 of their friends signed a recall petition of the entire
board. The Board has scheduled the recall meeting exactly 20 days out and
then the recall vote and recall if it passes are to be held the exact day as
the pre schedule election April 19. This appears to be carefully planned so
that the three directors can increase their votes from 3 to 5 and the other
two directors will need to run again lowering any chance that people who
vote for them can vote against the 3 duly running.

Ca elections code prohibits this type of manipulation in elections by
restricting recall of any official within 6 mos of the election. Our bylaws
and corporate code are silent on this matter.

Can you provide the statue number for this?

Thanks

Not sure what a recall meeting is. The Board has 20 days to set a date for the recall and election of directors. The meeting must be called no less than 30 days and no more 90 days. Because you have an election of 5 directors, then you have to start over and send out nomination forms.

Because of what they are doing, I would challenge them in court, over the cost of redoing an election.

I would call them on the game they are playing and get a ,b>slate of 5 to beat them at their own game.

I’m not so sure it does not apply it’s never been tested in a court
My attorney is looking at it considering an injunction based on the fact I already am suing them for voter rigging
This type of voter disruption should not be allowed in any industry especially in HOA where they are so corrupt with so many
Things
Maybe we can set a precidence ?

That is the whole point....as long as they hold a 3 person quorum we can't get anything done. And they have been rigging the elections for years, they are good at this. With 5 votes per home they will simply stack the votes they need to get back in. Our community is divided in half...only 46 homes. We just need more regulations to stop this kind of manipulation of the elections.

I have a very long board meeting later today and am still poring over my directors report so I can't look it up.

Maybe Richard can. Isn't it true that we have a fairly new Davis-Stirling statute that limits when Board recalls can be done? Doss it apply in this case Richard? Or did it limit the number of recall elections that can be done in a year?

I also can't think of a way to help, Rebecca. I don't think CA election code will work either. You & others just must get together and go door to door campaigning for your own candidates.