Removal and replacement of board of directors

I live in a mobile home park in sacramento california and the homeowners are planning on removing the entire board of directors at the next association meeting by majority vote, but are unsure on how to fill those positions. There are members that are available to fill those positions immediately upon removal of the board of directors. Can we just vote at the same time to fill those positions?

What Tim said.

If you're planning to recall everyone, you have more to think about than just getting rid of this bunch and replacing them. It's good that you have people willing to step up because there are some HOAs where the entire board quit or got recalled, but the people replacing them didn't have a clue as to what to do next.

Depending on what prompted the recall, you will need to make sure you have access to all documents related to association matters (board meeting minutes, owner lists, vendor lists, contracts, etc.) and take steps to retrieve keys to any association property (e.g. keys to the clubhouse) and you might want to consider having an audit done to make sure there isn't money that matches up with some sort of documentation. If board members were reimbursed for anything, there should be documentation to that effect as well as a reference to said reimbursement in the board meeting minutes. Put the soon to be current board members on notice that they are expected to assist in the transition and if they don't they will be referred to the association attorney for further action. Send them a letter to this effect, signed by the new board, with a copy to the association attorney. In fact, if you succeed, it wouldn't hurt to talk to the attorney about other steps you need to take.

If you have homeowners who are brand new to HOA board membership, they need to be educated on what their rights and responsibilities are. In addition to reading the community documents, you might check out the CAI website, which has lots of educational materials on a variety of HOA issues, ranging from rule enforcement to reserves. Start with the Board Member's toolkit and make sure all board members get a copy.

This is going to be a long journey and there may be some hiccups along the way, but if the current board is truly awful, they bought this on themselves. At the same time, if the new board doesn't get their act together quickly, you and your neighbors may find yourselves in a bigger shitshow. Good luck to you.

No. You have to hold an election per Civil Code sections 5100-5145 and your election rules.

see:

Which state laws regulate the operation of non-profit resident owned parks – the MRL, the Mobilehome Parks Act, the Non-Profit Mutual Benefit Corporation Law, or the Davis-Stirling Common Interest Development Act? from the golden state manufactured-homes league

Providing that the notice for the meeting specified electing new directors if the recall was successful, yes.

Otherwise, you will have to fulfill notice requirements for an election.

Sorry, Susan, it's probably me, but I'm not sure I understand what "the next association meeting" is. There're basically two kinds of meetings of the Association (ie.e members; owners) : the annual meeting and election, and a "special meeting of the association." Has this latter type been called for and is scheduled ?

All Board and Association meetings in CA must be include posting notices in advance with the agenda item(s) listed.

But with JohnC, if you can wait till the annual meeting and election that might be best. Recalls can be very tricky (I hear) and must be done exactly right. Also with JohnC, our HOA owners too have campaigned hard and voted out bad boards at the annual election.

I should have added, timing is very important - when is your next annual election?

https://www.davis-stirling.com/HOME/R/Recall-Date-Notice

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

I can’t believe the threshold for a board recall vote in CA is only 5%. In a small 20 unit condo, that’s 1 person.

I realize that, but the value is still too low and allows the bomb throwers to create chaos.

I dont know how tricky it is so i appreciate all the help i can get.
We are desperate to get at least the president out but the vp, sec and architectural person need to go to.
Also is it right to hold a board meeting without inviting the cfo? Thank you for helping.

Interesting idea, but Dean doesn't write in "Alabamian"

I don't think the Davis-Stirling Act pertains to mobile home parks. You need someone knowledgeable in reading the documents that relate specifically to your park.

What Kerry said.

A petition is just that: it's a request that indicates sufficient community interest in pursuing something. Setting the number at 5% prevents one or two disgruntled people from stirring up trouble for no good reason and wasting time, but it isn't so large that apathy or inertia prevents needed action from taking place.

Once a petition is lawfully delivered to the board, then other rules start to determine what happens next - for example, the quorum needed to hold a recall meeting and other rules governing HOA/condo elections. In short, what happens with the recall and replacement won't be determined by 5% of the membership.

Translation:

This mobile home park is a "CID" (a.k.a. "common interest development"). As a CID, it would be subject to the Davis-Stirling Act. SusanS31 should confirm this.Not only can you, you must. Here is why:

" ... when the entire board is recalled, all recalled directors cease to hold office immediately upon their removal. In practice, that will be very problematic, because there will be no directors to run the association, and no directors to organize an election to fill the vacancies. To avoid this problem, the board must include on the ballot the election of candidates to fill all vacancies in the event the recall of the entire board is successful. This is true even if the members’ recall petition failed to include a request for such an election."

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

This is complicated. I advise that instead of trying for a recall, you wait until the next annual election.