Board recall

Started by SusanS29 • 7 replies • 289 views

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SusanS29 (California)
Posts: 5

Posted:

We are a small community and there is a possibility that the board is recalled. It seems that the process will take a while. Just setting up a meeting through the management company could take a month according to the rules. Wanted to see if there is another way - can the owners just gather and vote to recall? Has anyone had experience with this? Thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You read your CC&Rs or Article of Incorporation? If so, there is how you do it.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Far more likely, Susan, information about recalls is in your Bylaws.

In CA & most states there are very specific procedures to follow and they must be followed to the letter. Visit Davis-stirling.com, Menu, Recall. All the info you need will be there.

Often, it's better and far less complicated to wait for the annual meeting & election.

MichaelT21 (Arkansas)
Posts: 200

Posted:

I am curious if homeowners know who will be willing to serve on the Board in the event that the entire Board is recalled. Most communities do not have a lot of people wanting to be on the Board of Directors as unpaid volunteers, and thus, one needs to consider who will serve in their place should be recall be successful.

KerryL1 (California)
Posts: 14,550

Posted:

Oh, P.S. Susan. No. Owners may not simply gather and vote out the board.

MaxB4
Posts: 3,513

Posted:

Actually, the answer is not in your CCRs, Bylaws, or Article, they would be in your Elections Rules, and if you don't have any, new state statues recently enacted.

KerryL1 (California)
Posts: 14,550

Posted:

Some info about recall & the necessary members meeting are in our Bylaws in a couple of places and in our Election Rules. Susan's may be too. Still, Davis-stirling.com will have the most thorough explanation & detail for educational purposes.

DennisG7 (Georgia)
Posts: 155

Posted:

I am in GA so the procedures may be different. Our CC&R and ByLaws address recalls of one or all Board members. In GA and as outlined in our governing docs HOA members may call for a "special" meeting for the purpose of recalling BOD members. It requires a 2/3 majority vote to call the meeting. If successful then the meeting can address the recall of the enire boardwhich requires another vote. If that is done you must have in place new HOA members willing to serve on a newly formed board. That is easier said then done. Allthough you may have very good reasons to take such and action, remember you must be able to vote on and install a replacement board. Good luck.
Dennisg7

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