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JohnC3 (California)
Posts: 2
Posted:
Homeowners in our CID are recalling the entire board. The board set the meeting on May 1, the last possible day (90 days after notifying all homeowers) and sent out a proxy.

The proxy didn't include any information about selecting a replacement board. The board claims that, even if the recall succeeds, they remain in office for another 90 days, after which they will call a special meeting to elect a new board. Is it possible that after a board that has been "fired" can continue to meet and conduct business?

The proxy included language that gives the board the authority to cast the proxy against the recall if it is submitted without naming a proxy holder or designating how to vote. Isn't this a conflict of interest?

Each board member has announced that if they are recalled, they would nominate themselves for re-election to the board at the special election meeting. In other words, to replace themselves after having been recalled.

Can the homeowners send out aother proxy that includes a place to name the proxy holder, a place to vote for or against the recall and a list of candidates to replace the board with a place for write-in names? HELP!!!
RogerB (Colorado)
Posts: 5,067
Posted:
John, the answers to your questions depend on your by-laws, the petition, and the proxy. Apparently you did not read the suggestions on this board that the petition should include voting to remove directors, replace any directors removed, and setting a date, time, and location of the special meeting.

The proxy, if allowed in your state and your by-laws, could be structured to name a specific member who is assigned to vote in their stead (I have previously provided an example form). An absentee ballot would be ackward when you don't know if any Directors will be removed.

Some by-laws allow a director to serve until replaced. And any director removed has the right to be nominated and run again as a candidate for the Board.

You could send out another proxy, but that doesn't mean if needs to be or would be honored by the Board. I suggest you get more informed on effective procedures in order to achieve your goal. It may require another petition properly structured. You can use the search option to review information on this board.
LisaS (Illinois)
Posts: 341
Posted:
It would be ridiculous for a Board to be recalled, and then remain for 90 days. Kind of like getting fired on bad terms...and having the company still let you perform your job. Imagine the damage that can be caused in 90 days!

I agree that you need to know all the facts and applicable law. This could get very ugly very fast, as it appears to me from what you wrote that the Board is taking liberty with the proxies.

Best of Luck,
Lisa

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