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NicoleO5 (California)
Posts: 61
Posted:
Curious. What your experience with recall of entire boards? How laborious is it? I know each state has it’s own regulations. But generally speaking I know this isn’t done every day!

What was your experience? Was it successful? HOw was it prepared by the community? Where there forums? Just curious. It seems from what I know its not eady to do.

Thank you for your time.
MarkW18
Posts: 1,290
Posted:
Because you're in California, and with new election rules and disclosures, it's near IMPOSSIBLE. Best gather the troops for the elections.
MichelleC8 (California)
Posts: 80
Posted:
May I ask what you mean near impossible? For it to happen of for it not to happen.
WarrenM2 (Florida)
Posts: 6
Posted:
i do know that here in Florida there is a recall form. If followed correctly a total recall can be done or individual recall as in just the president. in Florida a HOA uses Statue 720
MarkW18
Posts: 1,290
Posted:
There were new rules that were created by the California Legislators that went into effect on January 1, 2020 that have to do with elections. You need to be familiar with them before you start down the road of a recall. Also, you need to know whether or not your association has cumulative voting.
NicoleO5 (California)
Posts: 61
Posted:
I am
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board, Nicole?

To learn about the new Election Rules in CA, go to Davis-stirling.com, "Election Rules Required" ( I think). There' ever been a recall election in our HOA and unless your HOA has a really horrible situation, I'm with MarkW. Wait till the annual election.
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board, Nicole?

To learn about the new Election Rules in CA, go to Davis-stirling.com, "Election Rules Required" ( I think). There' ever been a recall election in our HOA and unless your HOA has a really horrible situation, I'm with MarkW. Wait till the annual election.
NicoleO5 (California)
Posts: 61
Posted:
I am finding out we are not cumulative voting. Our building is what hey consider a large corporation.

I guess what I’d like to know is how difficult is it to recall? I haven’t seen it done personally and there is alway posts here but I can’t seem to find any specifically. How difficult means quarum is met and the majority removes all the directors. I hears there is management that goes and all vendors set up and contracted with by the board who was removed. Meaning it could be a several month turn around.?? I am not sure if this is true.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By NicoleO5 on 07/01/2020 8:17 AM
I am finding out we are not cumulative voting. Our building is what hey consider a large corporation.

I guess what I’d like to know is how difficult is it to recall? I haven’t seen it done personally and there is alway posts here but I can’t seem to find any specifically. How difficult means quarum is met and the majority removes all the directors. I hears there is management that goes and all vendors set up and contracted with by the board who was removed. Meaning it could be a several month turn around.?? I am not sure if this is true.

Rough estimate, it would take you 9 months
SueW6 (Michigan)
Posts: 814
Posted:
Mark - contracts are between the vendor and the corporation, so just because there is turnover in the board, those contracts are not cancelled. That would need a vote of the new board. So management and vendor contracts continue.

Are you proposing to remove the entire board? Before you poke this bear, be sure you have the Membership support to throw out the entire board. A special meeting will have to be called with the Only business Conducted being a vote By the membership. I’d suggest that each Proposed recall member have his/her own motion to remove. There may be one or two that should stay.

Of course, this must be a noticed meeting and a quorum would have to attend to conduct the meeting.

Usually a 2/3 vote is needed to remove board member.

Another alternative is to request resignations of board members. They might make it easier for you.

The #2 thing on the agenda is the election of the new board.

Hope you have the energy and guts to take in this “coup.”
SueW6 (Michigan)
Posts: 814
Posted:
Sorry - that was for Nicole.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In our case it is 51% of all owners (YES, 51% OF ALL OWNERS) to recall a BOD Member. Close to an impossible task. My experience is recalls generally fail or get hung up in legalities so best to work to get rid of someone on the BOD come election time.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My issue with BOD recalls is who is going to replace them? It's one thing to say "Let's get rid of the bums!" and having more "future bums" to put in. Your fishing is a small pool of people. Apathy kills. So tossing out a board best have non-apathetic people willing to step in.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As I understand it, in a recall the replacement(s) must be named such as Ann Jones replaces Ed Smith, etc.
SueW6 (Michigan)
Posts: 814
Posted:
Never heard of mixing a recall vote with an election!
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By SueW6 on 07/03/2020 6:23 PM
Never heard of mixing a recall vote with an election!

It happens
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By SueW6 on 07/03/2020 6:23 PM
Never heard of mixing a recall vote with an election!

It happens

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