💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DouglasL3 (California)
Posts: 2
Posted:
Our Board was presented with a properly prepared petition for a Membership Meeting to recall three seated Board members. A President, a Vice President, and a Member at Large. The petitioners are concerned that we don't have a Secretary or Treasurer. We also want a new management company. The September/October issue of Common Ground defined the recall process and stated that if Board members wanted to contest the recall, they may have pay out thier own pockets. The Board did not deliver notice of Membership Meeting within the twenty day time period defined in our CC&Rs. Our property manager stated: "OUR attorney said the notice of Membership Meeting could be mailed after the twenty days as stated in our CC&Rs. My question is regarding legal fees incurred by the Board. I don't believe the Association attorney should be billing the Membership to provide legal advice about how to defeat the recall. The Board members are discussing the recall with Association Members outside of a meeting and tell Members that the Recall is a waste of money. We have replacement Board members should the seated Board be recalled. But, we don't believe the Association should pay for legal fees incurred by the seated Board? Please advise.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Douglas,

What do your ByLaws state as to the spending abilities of the Board?
SusanW1 (Michigan)
Posts: 5,202
Posted:
The management company MAY have its OWN lawyer (since they are in the mix and will have contract issues, if what you say about them being fired is true) Find out WHAT lawyer was called for consultation by the MC.

Your documents should state the REASONS that a Board member can be recalled and/or removed from office or from the board. Board members don't need a lawyer to "fight" for their job - since it's volunteer and they were elected; they serve at the pleasure of the Membership. Whomever elected them can recall them. The Board members are being duly recalled using the recall process in the documents. No lawyer is needed.

DouglasL3 (California)
Posts: 2
Posted:
Our documents state the Board may be recalled with or without cause.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Weel, there you go . . .

Just be sure you follow the procedures for the special meeting and recall motion/vote. And for your election of the new board and/or officers.
DanaB1 (Connecticut)
Posts: 319
Posted:
Doug,

Our association removed our old board last December, it cost the association 4,000.00 in legal fees. The old board went thru the attorney to make sure all that occured was "above board" (excuse the pun). To be honest, the association attorney moderated the removal meeting and without him there it would have been much uglier than it was.

If I can help answer some questions feel free to ask.

The new Sherriff in Town, Dana
SusanW1 (Michigan)
Posts: 5,202
Posted:
Geez - you could have hired a parliamentarian for a lot less than that! ($4,000)

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here