Recall of Current Board Members

MonaJ (Florida)
Posts: 9

Posted:

We want to recall two of our three board members. (The third board member is the developer's employee that we are stuck with for a few more months, we think.)

Does anyone have a "Recall Sign Up Sheet" example that they would share with us?

Any help is appreciated!

JulieS (Georgia)
Posts: 412

Posted:

You need to follow the guidelines set in your by-laws and covenants. Typically, a petition needs to be signed by a stated percent of the neighborhood to call a special meeting. The special meeting will be used to remove the named board members by a stated amount of votes. If successfully removed, an election will be held to replace them immediately. Those removed can re-run.

MonaJ (Florida)
Posts: 9

Posted:

Julie,
Our docs require a majority vote of the 275. The Florida statutes also require a majority vote. We think this means 50% plus 1? Do you know of a specfific recall form guideline for the homeowners to sign?

RogerB (Colorado)
Posts: 5,067

Posted:

Mona, usually By-laws require a simple majority of those voting at a duly called members meeting to remove Board members and vote in new Board members. Duly called means that for a special meeting notice shall be given to all owners and only the specific agenda items may be conducted as association business. A quorum is required to call the meeting to order to conduct business. If your By-laws specify a quorum is 20% of all owners then you would need 275 x 0.2 = 55 units. Get signatures of at least 55 members of separate units who are in good standing to sign the petition.

The petition can be worded something like:
I the undersigned owner of the property designated do hereby call for a special members meeting of the ________ HOA for the purposes of considering and voting on the removal of each and every Board member and for any Board member so removed to vote on candidates to replace the removed Board member for the remainder of their term.

Print Address Print Name Signature Date

________________ ______________ ________________ _________
________________ ______________ ________________ _________
________________ ______________ ________________ _________
________________ ______________ ________________ _________
etc.
(place above wording on each sheet- give each person going door to door for signatures a couple of sheets)

I would also suggest stating a date, time, and location for the meeting in the above preamble. Thus when it is presented to the current Board they can not chose to delay the meeting. If the Board refuses to mail notice of the meeting you can do so. If they fail to show up for the meeting the members can appoint a chair person to conduct the meeting.