Recall!!!

Started by DouglasL2 • 5 replies • 1177 views

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DouglasL2 (California)
Posts: 3

Posted:

A recall petition has been delivered to the property management company. What happens if the present board is recalled and nobody runs for office?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Douglas,
Sorry that your last thread got hijacked. I am sure that you are very concered about this, as you should be. My answer is still the same to you. IF your own documents do not have this addressed then you must go to the Davis/ Sterling Act for your State. California Non Profit Corp laws might also be of help but Davis/ Sterling is written for Cal. HOAs and they will have some answers. But again, I would be out in the developement, banging on doors to try and assemble a Board. Don't let things turn over to the State. That can only become a disaster for the membership.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Douglas,
Your entire Board was recalled? Holy cow, never do that without having some warm bodies lined up to take their places.

Anyhow, I went to the Davis?Sterling site and it is rather easy to use and read. I copied this for you to look at but if you have absolutely no Board, then this will not pertain to you.

Corporations Code §7224. Filling Vacancies; Resignation

(a) Unless otherwise provided in the articles or bylaws and except for a vacancy created by the removal of a director, vacancies on the board may be filled by approval of the board (Section 5032) or, if the number of directors then in office is less than a quorum, by

(1) the unanimous written consent of the directors then in office,

(2) the affirmative vote of a majority of the directors then in office at a meeting held pursuant to notice or waivers of notice complying with Section 7211, or

(3) a sole remaining director.

Unless the articles or a bylaw approved by the members (Section 5034) provide that the board may fill vacancies occurring in the board by reason of the removal of directors, or unless the corporation has no members pursuant to Section 7310, such vacancies may be filled only by approval of the members (Section 5034).

(b) The members may elect a director at any time to fill any vacancy not filled by the directors.

(c) Any director may resign effective upon giving written notice to the chairman of the board, the president, the secretary or the board of directors of the corporation, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected to take office when the resignation becomes effective.

Updated 6/30/2008

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DouglasL2 (California)
Posts: 3

Posted:

Thank you Donna. We suffer from the "Condo Clan" (200 units) and the "Townhouse Tribe" (150 units). We have asked for a separate accounting because the TTs think we are subsidizing the CCs. We don't have a Secretary or a Treasurer. We have people willing to step in. It seems all the money is going to the CCs and very little to the TTs. The new voting law prevented the CCs from harvesting proxies, so they self appointed themselves. I think this will work it's self out. Many TTs want to separate from the CCs and start our own association????

DonnaS (Tennessee)
Posts: 5,671

Posted:

Douglas,
Yes, you could do that. Good luck and just keep plugging away at it.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Let's back up ----

You said a recall PETITION has been delivered to the MC's office.

Now what?

Certainly, there is a vote?

Or is the signed petition enough to remove all board members?

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