Will be filing suit in CA to enfoce recall petition

Only 30 signatures were required but I had 38 of which 33 were deemed valid. We have one board director that is extremely manipulative and is overspending. We were short operating expenses and haven't fully funded our reserves. They were advised by the attorney to move forward with it but then reneg'd on their decision. I have been fighting with them and the next step was they had 30 days to decide if they wanted to go to alternative dispute resolution (mediation). They don't want to go which actually saves both of us money, but now I have to go to court to enforce a valid recall petition and to recover attorney fees. In the recall petition, I called this board member out for self-dealing in getting her new yard installed. Since then, they installed a new yard for the board president as well as a rock job she claims as "free" which is really the contractor's attempt to get more rock jobs. We will be filing on 7511c in California.

I had been a board member and they are corrupt, so I left. They only cared about protecting our manager who got caught for unathorized yard jobs and coordinating the invoicing of landscaping project to be spaced out in order to be under her $2,500 spending threshold. Anyway, just wanted to let everyone know. I will keep you posted.

You do understand that a HOA is only funded by it's members for it's members. It is also a non charitable non profit corporation.

So if not enough money is going to reserves then that could mean your dues will raise or a special assessment. Just so you understand what your wishing for may not be the solution you expect.

Sec 5100 takes precedence over the Corporations Code. Board is required to hold secret ballot election for removal of directors. Sec 5145 allows for injunctions and the court can require board to hold an election. Ask for up to $500. fine for each violation of Article 4 and that is your money component. Sometimes members are forced into courts by bad boards and this can benefit the membership…a small price to pay to get rid of a corrupt snd power hungry board.

And if you prevail in small claims court, the court is required to award you costs and reasonable attorneys’ fees in connection with that claim.