Rescind Petition to Remove Board

I think the important questions are who wanted to remove the Board, why, why did this change, and are there now a lot of Members who signed this petition who may want answers or even want this to go through.

A short answer to your actual question, is that depends on your governing documents and California's Davis-Stirling Act (sp?), but they probably don't address this specifically (although I know next to nothing about either).

A similar question (which I and fellow homeowners in my HOA have entertained), is this: If we get the ballots to remove our Board, then could we use them to force the Board to do what we (and presumably those who voted) want them to do, as a less severe way of getting what we want? Could we remove some Directors and not others?

My belief, then and now, is: not really. If we obtain sufficient homeowner votes (or petition signatures) to act, as provided by our governing documents, then we are bound by those votes. The ballot or petition would probably say something to the effect that the undersigned votes to remove the [named Directors]. We have no sure way to know (and no authority to decide) that the voters meant what we later want them to mean -- the votes are valid as stated; and we and our Board would be bound by them, unless we get the voters to revoke them. Since votes (unlike proxies) are probably not technically revocable, then that either means getting a new, opposing ballot (or petition) signed by enough homeowners before the first takes effect, or it's just not possible.

All that mumbo-jumbo aside (and back to your scenario), if something changed to where most everyone who signed this petition doesn't really want it anymore – if no one would contest you just dropping it, then I don't think you really have a practical problem.

Since your actual post stated your petition was to call a meeting, not directly to oust the Board, then the meeting should probably be held. But if not enough people show up to vote to oust or to even have a quorum – if everyone learns after the notice that it's a dead issue, then problem solved. All you lose is the cost of mailing the meeting notices and perhaps telling people not to come. If that's something you don't want to deal with, then see the previous paragraph. But this is probably the better solution, because it lets the Members demonstrate that they are not interested in removing the Board, rather than one or a few who organized the petition. It's democratic and open, and could hardly be questioned down the road.

Again, the important questions are who wanted to remove the Board, why, why did this change, and are there now a lot of people who signed the petition who may want answers or even want this to go through.

If member who signed petition wants to back out and doing that would mean less than requisite number of signatures, does that invalidate the petition?

Why don't you tell us what happened. We'd love to hear about it!

What was the PURPOSE of the petition? to call a meeting or to recall members of the board?