Board Recall

Started by LmT • 10 replies • 349 views

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LmT (California)
Posts: 237

Posted:

I've looked on the D-S website but can't find answers to all my questions.

When a recall of the board is successful, how is the installation of a new board handled? By election?

Then, who would make decisions on behalf of the HOA while waiting for the election process to play out? The manager?

I want to understand everything involved in this process but it's hard to find answers on D-S.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I think you have a case of the "They and Thems". Meaning not realizing that the HOA is YOU and YOUR neighbors. There isn't a magical group of people that exist out there. Your pool of people on your HOA board is the people you already swim with.

If you recall a board, then there had better been people waiting in the wings to have wanted to take their place. Putting the cart before the horse if you all decide let's get rid of the board BEFORE finding whom wants to be on the board.

If you have a Property Managment company, they may step in temporarily but they take orders from the board. They are hired contractors. Not members of the HOA.

I'd recommend finding people who are interested in filling in the slots ASAP. Put them up for election or appointment. If everyone was just interested in ousting the board and not putting in the work, then you all have a problem bigger than yourselves.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

I see tons of info at D-M.com, LmT, that you seem very able to grasp. Here's one from my quick review. My HOA's never gone through one so I can't offer any experienced help. Do check your Election Rules, required in CA, as you know, to see what they say. Your Bylaws too.

"Until a board is replaced, it continues to carry out its duties as a board of directors. This means the board continues to pay bills, hold meetings, and make decisions affecting the association. It also means the board appoints an inspector of elections, sends out ballots, and conducts the special meeting for the recall. The meeting itself is chaired by the president.

Chair Not Determined by Petition. By statute ,the only authority given to petitioners is to call a meeting, not name who runs the meeting. (Corp. Code §7510(e).) Accordingly, the president of the association chairs the meeting or someone other than the president as may be determined by the board."

AidylP1 (California)
Posts: 173

Posted:

When one is conducting a recall, in particular a recall of all directors, there must be an election at the same time on the same ballot. You are electing new directors once a recall has passed. Remember, Directors under recall may also run and be on the same ballot.

LmT (California)
Posts: 237

Posted:

Quote:

Posted By MelissaP1 on 10/18/2023 4:16 PM
I think you have a case of the "They and Thems". Meaning not realizing that the HOA is YOU and YOUR neighbors. There isn't a magical group of people that exist out there. Your pool of people on your HOA board is the people you already swim with.

If you recall a board, then there had better been people waiting in the wings to have wanted to take their place. Putting the cart before the horse if you all decide let's get rid of the board BEFORE finding whom wants to be on the board.

If you have a Property Managment company, they may step in temporarily but they take orders from the board. They are hired contractors. Not members of the HOA.

I'd recommend finding people who are interested in filling in the slots ASAP. Put them up for election or appointment. If everyone was just interested in ousting the board and not putting in the work, then you all have a problem bigger than yourselves.

Melissa, I am not considering recalling my board - I AM on the board and two of the members are considering a recall. I'm trying to work out what would happen if they were successful. I have absolutely no desire to see my friends and neighbors left in a difficult spot.

I fully understand my position both as a home owner and a board member but thank you for the response. It's very useful information.

Thank you.

LmT (California)
Posts: 237

Posted:

Quote:

Posted By KerryL1 on 10/18/2023 4:45 PM

I see tons of info at D-M.com, LmT, that you seem very able to grasp. Here's one from my quick review. My HOA's never gone through one so I can't offer any experienced help. Do check your Election Rules, required in CA, as you know, to see what they say. Your Bylaws too.

"Until a board is replaced, it continues to carry out its duties as a board of directors. This means the board continues to pay bills, hold meetings, and make decisions affecting the association. It also means the board appoints an inspector of elections, sends out ballots, and conducts the special meeting for the recall. The meeting itself is chaired by the president.

Chair Not Determined by Petition. By statute ,the only authority given to petitioners is to call a meeting, not name who runs the meeting. (Corp. Code §7510(e).) Accordingly, the president of the association chairs the meeting or someone other than the president as may be determined by the board."

Thanks, Kerry. That makes sense so I will go back to D-S and dig some more. I just want to be prepared in case it happens.

LmT (California)
Posts: 237

Posted:

Quote:

Posted By AidylP1 on 10/18/2023 5:01 PM
When one is conducting a recall, in particular a recall of all directors, there must be an election at the same time on the same ballot. You are electing new directors once a recall has passed. Remember, Directors under recall may also run and be on the same ballot.

Wow! That seems complicated. Thanks for the info.

KerryL1 (California)
Posts: 14,550

Posted:

As I noted, I know nothing substantial at all, but Aidyl's approach is what I've heard.

So, those 2 snowbird attorneys/owners, who want your Board to kowtow to their demands to keep certain pools open in the winter are threatening a recall? That's good as they must do it exactly right, and also because a big majority of owners, whom your Board wisely surveyed support, the Board's decision.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Typically when a BOD or a BOD Member(s) are recalled, replacement member(s) are named as in voting to replace Bob Smith with Sue White and so on. Then the new BOD would hold an Officers Election among themselves.

Recalls generally do not work especially if those being recalled hire an attorney and fight it. Best method is to work toward getting people you want to get elected at your next election.

JamesB37 (California)
Posts: 351

Posted:

You haven't seen complicated yet...

Is the recall for the entire board or just particular board members?

Recalling the entire board is easier for the petitioners. It get's complicated if not. Go to the below page and on the D-S.com website and skip down to cumulative voting and look at the 'Removing less than the entire board' section to see what I mean.

Lastly, when is your next election (is it fairly soon?)

https://www.davis-stirling.com/HOME/D/Director-Removal-Recall

LmT (California)
Posts: 237

Posted:

Quote:

Posted By KerryL1 on 10/19/2023 9:55 AM
As I noted, I know nothing substantial at all, but Aidyl's approach is what I've heard.

So, those 2 snowbird attorneys/owners, who want your Board to kowtow to their demands to keep certain pools open in the winter are threatening a recall? That's good as they must do it exactly right, and also because a big majority of owners, whom your Board wisely surveyed support, the Board's decision.

I actually suggested that if they do not like the way our current board is making decisions they recall the entire board and replace us with their like minded directors as that’s one call for a vote they can easily make. Of course they would not prevail.

They will not accept that the so-called ballot they want presented isn’t acceptable (as described at length in a previous thread).

Still don’t know if our President has contacted our attorney yet.

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