Petition to remove board member.

Started by LindaB20 • 11 replies • 737 views

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LindaB20 (New York)
Posts: 23

Posted:

Our president was presented with a petition to call a special meeting to vote two board members off the board. The 20% of the needed community signed the petition. The president was presented with copies of the petition. Should it have been the original signatures? Also the petition gave the location for the meeting to be held but the meeting can't be held in that location. Does that invalidate the petition?

TimB4 (Tennessee)
Posts: 21,062

Posted:

In my opinion, the original should have been sent to the registered agent via certified mail.

RoyalP
Posts: 1,104

Posted:

AGREE

Original petition.

Registered Agent

+

Certified Mail

SheilaJ1 (South Carolina)
Posts: 291

Posted:

Never ever send original copies. If they object then let them object on the record first then go to court with the original. Also I don’t know any HOA that only requires 20% to remove, however 20% to call a meeting is normal but what is the point of calling a meeting if you don’t have 67% to remove?

RoyalP
Posts: 1,104

Posted:

67% is 'generally' required to amend the covenant(s)

a majority of a quorum is 'generally' required to elect/remove directors

X% is required to 'force' a meeting

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By SheilaJ1 on 12/04/2018 6:00 AM
Never ever send original copies. If they object then let them object on the record first then go to court with the original.

I agree with what Shelia says above. HOA Boards are laden with amateurs who can perpetrate all manner of mischief and abuses. Show them the originals on request but do not put the originals in the custody of any board member or HOA manager.

Do your HOA's governing documents (Bylaws, CC&Rs et cetera) require that the petition show the place where the meeting is to be held? If not, then my only concern would be that all members be properly noticed of the Special Meeting. You (or the Board) might have to send out a mailing to all members indicating the time, place and purpose of the meeting, observing how many days in advance of the Special Meeting this has to be done. Thirty days advance notice is pretty common. Check your Bylaws and CC&Rs.

LindaB20 (New York)
Posts: 23

Posted:

Quote:

Posted By TimB4 on 12/04/2018 3:20 AM
In my opinion, the original should have been sent to the registered agent via certified mail.

Thanks. That's what I thought as well.

LindaB20 (New York)
Posts: 23

Posted:

Quote:

Posted By RoyalP on 12/04/2018 5:43 AM
AGREE

Original petition.

Registered Agent

+

Certified Mail

Thanks, my thoughts as well.

LindaB20 (New York)
Posts: 23

Posted:

Quote:

Posted By SheilaJ1 on 12/04/2018 6:00 AM
Never ever send original copies. If they object then let them object on the record first then go to court with the original. Also I don’t know any HOA that only requires 20% to remove, however 20% to call a meeting is normal but what is the point of calling a meeting if you don’t have 67% to remove?

At what point does it go to court? The 20% is to call a special meeting for the purpose of 2/3 of the membership to vote to have them removed.

LindaB20 (New York)
Posts: 23

Posted:

Quote:

Posted By RoyalP on 12/04/2018 6:55 AM
67% is 'generally' required to amend the covenant(s)

a majority of a quorum is 'generally' required to elect/remove directors

X% is required to 'force' a meeting

Our By-laws require 2/3 or the membership to vote to have a board member removed. 20% of the membership is required to call a special meeting for the purpose of voting.

RoyalP
Posts: 1,104

Posted:

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Linda

20% to call the Special Meeting and 2/3rds of all owners to remove are very different amounts. Many get confused with 2/3rds of all owners versus 2/3rds of those owners present.

As an example, 100 owners"

20% of owners (20 owners) can call for a Special Meeting.

At that Special Meeting, 2/3rds of all owners (67 owners) must vote to remove. Not 2/3rds of those attending the meeting.

Many confuse "% of all owners" with "% of those in attendance". Two very different amounts.

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