SteveC21 (South Carolina)
Posts: 3
Posts: 3
Posted:
Looking for members specifically in South Carolina.
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Any SC members?
Started by SteveC21 • 9 replies • 283 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
I am in Lexington SC. How can I help you?
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
ME TOO. WHAT'S UP.
vis ta vie
JohnS118 (South Carolina)
Posts: 2
Posts: 2
Posted:
Yes, Mount Pleasant sc
SteveC21 (South Carolina)
Posts: 3
Posts: 3
Posted:
Looking for any info or references on how to recall Board members in SC.
Approx. 250 condo units, at least 50% PT or Absentee Owners - many who allow STR's
2 members are up for election in a year, so we don't want to get into a long effort where the current board members will use our own attorney ($$$) to fight us.
There is broad support.
What are the smartest first steps to take? Somehow gauge possible success?
Do we need a lawyer? Are there lawyers who specialize in that? How is money raised for that?
How long will a recall campaign typically take?
What will the typical process look like?
Approx. 250 condo units, at least 50% PT or Absentee Owners - many who allow STR's
2 members are up for election in a year, so we don't want to get into a long effort where the current board members will use our own attorney ($$$) to fight us.
There is broad support.
What are the smartest first steps to take? Somehow gauge possible success?
Do we need a lawyer? Are there lawyers who specialize in that? How is money raised for that?
How long will a recall campaign typically take?
What will the typical process look like?
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Recalls aren't really state specific- the first and best place to start with this is by looking at your documents. They may have instructions on recalling board members - check the bylaws, which dictate how the association is run, such as calling special homeowners meetings. You will probably need a special meeting to pull this off, starting with petitioning a certain percentage of homeowners to hold the meeting.
Read those provisions carefully, because you don't want the petition to be tossed on a technicality. The documents may say once the petition is presented, the board has a certain amount of time to call the meeting. Someone else may need to preside, especially if the current president is among the board members you'd like to toss. In some communities, the association attorney does it, but it should be someone or several people who don't have close ties with the current board. Depending on how close the attorney is with the current board, you may need to get someone else.
How long will this take? That depends on how many people sign the petition, attend the meeting and then vote for a recall. You'll also need people willing and able to stand up and volunteer to take over. You may need to be one of them, so decide now how far you're willing to go because YOULL be in the hot seat. It's true that one should be careful when making a wish because it might be granted.
How to gauge success? What do you want? Do you want these people gone completely? Do you want more transparency in what and how the board operates? What's been the biggest problem- selective enforcement of the CCRs? Can you come up with real examples?
It might be helpful to set up a committee to organize a recall and job one might be to poll tge community to see how they feel. You say you have broad support, but are those people simply going along with the crowd? Do you have homeowners who really don't give a damn what the board does as long as they can continue with the short term rentals? If you have 50% or more doing this and they back the board, 6ou might have a fight on your hands, because once you have a high percentage of homeowner-landlords, its virtually impossible to get support for things like rentals caps (take it from someone who's been there).
Finding that out first may decide if you need different tactics for a recall to be successful. Perhaps the first step is finding people who will run for those two slots - win and target the rest in the next election. A special meeting where people complain long and loudly about the board may promote the really bad apples to quit, and/or blast the board into cleaning up its act.
There are lots of old conversations on this website about recalls and how they went down - none are pretty and there are at least two current conversations right now where it's one homeowner against everyone else. You will see it took time for change to cone about and one can't do this alone, so you need people who won't back down, even as they're called busy bodies, nitpickers or worse. Don't respond to the old conversztio s, but jot down notes about tactics - some will better than others in your community. You can always start new conversations with additional questions. Get going and good luck!
PS: it might not hurt to get an attorney- hopefully he or she won't be needed, but when this bo5pushes back (assume they eill), you may need one at tge ready. You and like minded people will have to pass the hat to get one. Go to your local bar association for a referral- you probably won't find one who soec5in HOA Board recalls, but someone who specializes in HOA issues, especially HOA vs. Homeowner could be a place to start.
Read those provisions carefully, because you don't want the petition to be tossed on a technicality. The documents may say once the petition is presented, the board has a certain amount of time to call the meeting. Someone else may need to preside, especially if the current president is among the board members you'd like to toss. In some communities, the association attorney does it, but it should be someone or several people who don't have close ties with the current board. Depending on how close the attorney is with the current board, you may need to get someone else.
How long will this take? That depends on how many people sign the petition, attend the meeting and then vote for a recall. You'll also need people willing and able to stand up and volunteer to take over. You may need to be one of them, so decide now how far you're willing to go because YOULL be in the hot seat. It's true that one should be careful when making a wish because it might be granted.
How to gauge success? What do you want? Do you want these people gone completely? Do you want more transparency in what and how the board operates? What's been the biggest problem- selective enforcement of the CCRs? Can you come up with real examples?
It might be helpful to set up a committee to organize a recall and job one might be to poll tge community to see how they feel. You say you have broad support, but are those people simply going along with the crowd? Do you have homeowners who really don't give a damn what the board does as long as they can continue with the short term rentals? If you have 50% or more doing this and they back the board, 6ou might have a fight on your hands, because once you have a high percentage of homeowner-landlords, its virtually impossible to get support for things like rentals caps (take it from someone who's been there).
Finding that out first may decide if you need different tactics for a recall to be successful. Perhaps the first step is finding people who will run for those two slots - win and target the rest in the next election. A special meeting where people complain long and loudly about the board may promote the really bad apples to quit, and/or blast the board into cleaning up its act.
There are lots of old conversations on this website about recalls and how they went down - none are pretty and there are at least two current conversations right now where it's one homeowner against everyone else. You will see it took time for change to cone about and one can't do this alone, so you need people who won't back down, even as they're called busy bodies, nitpickers or worse. Don't respond to the old conversztio s, but jot down notes about tactics - some will better than others in your community. You can always start new conversations with additional questions. Get going and good luck!
PS: it might not hurt to get an attorney- hopefully he or she won't be needed, but when this bo5pushes back (assume they eill), you may need one at tge ready. You and like minded people will have to pass the hat to get one. Go to your local bar association for a referral- you probably won't find one who soec5in HOA Board recalls, but someone who specializes in HOA issues, especially HOA vs. Homeowner could be a place to start.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Recalls are rarely successful especially if those being recalled want to fight it. If you decide to try a recall get an attorney to guide you. I can almost assure you that you will fail if you try it without legal guidance.
That said, a recall typically commences with a Special Meeting being called with the purpose of such clearly defined such as replace A & B with C & D. Typically it will take a majority (51%) of ALL OWNERS, I repeat ALL OWNERS voting for the recall.
My advice is work on getting people of like minds elected to the BOD even if elections are a year away.
That said, a recall typically commences with a Special Meeting being called with the purpose of such clearly defined such as replace A & B with C & D. Typically it will take a majority (51%) of ALL OWNERS, I repeat ALL OWNERS voting for the recall.
My advice is work on getting people of like minds elected to the BOD even if elections are a year away.
SteveC21 (South Carolina)
Posts: 3
Posts: 3
Posted:
All really good points. Thanks!
It could be a tough fight.
It could be a tough fight.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Have no experience, but have read in many places that the process MUST be done EXACTLY right so that all the work owners do to make it successful doesn't get ruined by the really pissed off directors because a t wasn't crossed or an i not dotted.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
SeveC21, with a board hostile to the recall, to have any chance of success you and your group will have to hire your own attorney. The legalities are complicated enough without having a hostile board.
The approach for replacing directors that has the higher rate of success is to start working on campaigns for the coming, regular annual election. Ask here for advice on running as effective a campaign as possible.
The approach for replacing directors that has the higher rate of success is to start working on campaigns for the coming, regular annual election. Ask here for advice on running as effective a campaign as possible.
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