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ReneeD (Illinois)
Posts: 201
Posted:
We are an Illinois HOA.

Anyone know of a website that has 'sample' Petition forms to recall Board Members and Property Manager on election tampering?

Thanks! -ReneeD
RobertR1 (South Carolina)
Posts: 5,164
Posted:
ReneeD,
First, understand, you don't want to accuse anyone of any specific action on any notice.

Second, I don't know of any forms to use to specifiy any charges of this nature.

Better to read all your documents; State law, corporation law for state, if you are incorporated, Master Deed, By-laws, Rule and regulations.

A notice to recall is actually a call for a special meeting (in your case) it would be some like: to discuss the performance of the Boards actions.
Once you send out notice, get the required members there to form a Quorom, and the meeting is started, discuss the board charges, and at some point you can make a motion to vote on recalling whoever, the motion must be seconded and the vote is taken. Prior to all this you will need to follow documents on obtaining proxies and how to word them.

If you have evidence of such an action by the Board, you will be better served to consult an attorney and have him draft an action and you can use that. Make sure that the call for a special meeting contain something like; to discuss a recall of unspecified (I think this is better)board members. You don't recall the manager, he/she is not a Board member. You fire him for cause. If you want to sue, you need to do that by the Board, they hired him.

Your 20 word question would/could result in reams of documents, and probably each page will contain some very specific reference to the case as it progresses. Not knowing exactly what is going on and not knowing your individual HOA, don't take anything I have said as anything more than discussion points. Your group (I hope) are citing some serious charges and even if they do have every right to call a special meeting, best to CYA every step of the way. Do not voice charges without hiring legal council.
MicheleS3 (Florida)
Posts: 30
Posted:
I am actually looking for a sample election ballot, as well as any information on how to handle same.

We are located in Florida and took over the BOD from the developer last year. We are single-family homes - relatively small at 142 homes. About 15% of these are rentals. Since none of us have ever participated on an HOA BOD before this has been quite a learning experience for us!

According to our CCR's we should have held an election at our annual meeting in June. This was not done as we have only recently realized this. Since none of us have ever participated on an HOA BOD before we have no idea have to proceed. This has been quite a learning experience!

Does anyone know of any sample ballots? Could we now call a special meeting of residents to handle the election? How do people get nominated? A couple of our officers would like to remain on the board and one would like to leave.

We are down to 4 board members and have a difficult time generating interest in joining. Our President recently resigned due to health issues and our interim President resigned yesterday because he believed he should make all decisions without the BOD voting on any issues.

Per our CCR's we need a 30% quorum to elect new officers. I think we could get that, but just don't understand the whole nominating / electing / process.

I would sure appreciate any help!

We do have a website that one of our homeowners was kind enough to create, at no charge, for us. www.fairmonthoa.com - if anyone is interested in taking a look at it. Thanks for your time!
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, read your By-laws to determine how to recall Board members. It most likely requires calling a special meeting of the members which states the specific purpose(s) for the special meeting. Only the specific items listed in the petition are allowed. One way this can be done by getting up a petition for the special meeting which is signed by the required number of members. The petition should include the purpose(s) of the meeting.

An example is We the undersigned, hereby call a special meeting of the members of _________ HOA for the purpose of voting to remove each of the current Board members (or those specifically to be considered); and to vote on candidates to replace any Board members removed for the remainder of their term. You could also include that such meeting shall be held on or before a specific date. At the special meeting each Board member being considered fro removal should be provided the opportunity to speak.

The petition should have this wording on each sheet and give several copies to each member who is going to solicit signatures. Several signature lines can be placed on each sheet. On the signature line include: unit number, members printed name, signature, and date.
ReneeD (Illinois)
Posts: 201
Posted:
Thank you, Roger. Should the petition also cite reasons for removal. Also, there is reason to believe that our Property Manager was involved and I am unsure whether that should be mentioned or dealt with separately? -ReneeD
RogerB (Colorado)
Posts: 5,067
Posted:
Renee, the petition could list "alledged" problems related to having the recall. The property manager must be dealt with separately in accordance with the management agreement. If the PM is involved and Board members are replaced then the PM can be held accountable by the new Board members.

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