can petitions be reused?

Started by GeorgeR • 10 replies • 1597 views

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GeorgeR
Posts: 6

Posted:

We are trying to recall our current board, after many attempts to work through the problems with them have failed to produce any results. Having tried for many months now, we have exhausted our options, except to hold a recall.

The persons organizing the petitions collected enough signatures, but the board denied the request for a special meeting because some of the signatures were from members not in good standing. So the organizers of our recall request continued collecting more signatures, but did not start a new petition, only added to the old one.

Can that same petition be reused by us? or should we have really gone and gotten a new petition signed by everyone all over again? Our docs do not address petitions at all.

Not sure if there is a legal answer for our State, Georgia, just wondering what some of your thoughts were.

Thanks
Paul

PaulM (Pennsylvania)
Posts: 1,347

Posted:

GeorgeR: You are trying to recall a current board through a petition (the petition should include its 'purpose' as a heading). The petition was signed by some who are not in 'good standing' therefore their signatures are not valid. IMO, you just need to continue what you are doing, obtaining more signatures to offset those not valid. Once the appropriate number of valid signatures are obtained, then request a meeting be scheduled "for the purpose of......". Copy the Prop.Mgr. on all.

When the meeting notice is communicated to the association membership, it should also state there will be an election for new Board members, and only members in good standing are eligible to vote. Have the names at hand of those who are not eligible. Hopefully, you have done your homework and sought candidates who are also current on their dues and in good standing.

SusanW1 (Michigan)
Posts: 5,202

Posted:

You said, "Our docs do not address petitions at all."

Then why are you using a petition to call a Special Meeting of the Members?

And does this process have to be run thru the Board?

Our documents say that a certain percentage of residents can call a Special Meeting. It does not say that the Board has to OK it or even set it up. This would be a meeting of the Members, so the Board is not even going to be involved, anyway. And since the subject of the meeting is a recall of this board, I bet they don't want it to happen.

Please explain what your bylaws say about calling a special meeting.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,
Depending on what State, and the poster did not give us that information, a petition is how the membership can force a Board to address a situation. That does not mean that they have to follow the request of the petitioners but they must at least address it in an open meeting.

In Florida, a membership can petition a Board with 10% of the membership in good standing, to address any situation that they desire. Our recall process requires 10% of the membership's signatures. I would bet that the petitions are good for only a limited time period unless dated with an open time frame.

DonnaS (Tennessee)
Posts: 5,671

Posted:

OOPS!!, I just saw Georgia on his post.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Well, somewhere it tells how the MEMBERSHIP can call a Special Meeting.

The State's not-for-profit law may even cover it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Yes, I am sure that the Articles for Not For Profit Corps will have it in there. Every HOA membership in the Country has some ability of the membership to petition or recall Boards, Presidents, or any non functioning member. Otherwise, it would be known as North Korea or worse.

GeorgeR
Posts: 6

Posted:

Sorry for the lack of information in my original post. Our docs say that a special mtg can be called by the President, the Board, or by a written request of 25% of the members eligible to vote. It says notice of all meetings must be sent by the secretary. I assume we just cannot hold our own meeting to recall the board, but that they would need to be presented the written request (or petition as we are calling it), call the meeting, and send the notice.

We'll get there I don't doubt, but was thinking that we should not re-use the old petition that was not enough, by simply adding to it, since the board already considered it once and it was 'invalidated' for not reaching the requirements.

They may not even notice that it is the same, but stumbled across your forum and thought I would ask the experts.

Thanks

DonnaS (Tennessee)
Posts: 5,671

Posted:

George,
You are SOOO right that you, the membership, cannot hold your own meeting. Now I know, 25% of the membership must sign a petition for the recall. You must send a copy to the Board by registered letter. The Board must recieve it and act on the request by a certain amount of time. Check your Georgia HOA Laws for the time frame.

The Board then will call the meeting and send proper notice to all members. Then let the fun begin. I hope that you have a back up plan for when the Board acts or reacts to the removal petition. You will need to have an election --IF --you are recalling--- ALL--- of the Board. If you are removing just some of them, then the remaining members can appoint members to fill in the missing positions.

In Florida, if the Board or a Board member refuses to step down, then it must go into mediation or arbritation for a solution. That will cost the membership for attorney fees and mediators costs.

SusanW1 (Michigan)
Posts: 5,202

Posted:

EACH Board member deserves his/her own recall vote.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By DonnaS on 03/30/2008 12:08 PM

George,
You are SOOO right that you, the membership, cannot hold your own meeting.

Donna, check local listings as they say on TV. In our documents for instance if 40% of the H/O's petition the BOD for a special meeting and they do not call for one within 20 days then the H/O's have the right to call it themselves.

Studies show that 5 out of 4 people have problems with fractions

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