Can a recalled Board member be re-elected?

Can a board member who is recalled as part of all board members being removed (easier than removing individual directors) run in election to replace the board if he/she was not the problem and satisfies qualifications to be board member.

Yup; Glenn is right...they CAN run again.... and they will probably be reelected if no one else steps up to run in their place.

Betty,

Exactly how was it easier to recall the whole board instead of only the board member(s) who deserved to be recalled? Also, if a particular board member was "not the problem" then that board member should not have received any votes to recall. I hope you're not going to say votes were not cast for individual board members but rather for the board as a whole. If this is how the recall election was conducted then I would have to say it was improperly carried out.

But, to answer your question, I don't see why not. However, if that person was successfully recalled, why would he/she think he/she could now be elected?

Davis-Stirling says it is easier to remove board vs individual directors. Has to do with cumulative voting and ability to block recall with individual directors.

Betty,

Did you actually read that in the Davis-Stirling Act or is that what someone told you? Posted below is the applicable section from the Act. As you can see it says cumulative voting is only allowed if it is specified in the assn's gov docs. However, I don't see how cumulative voting has anything to do with whether it's best to recall the whole board or just the board members who deserve to be recalled.

(b) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, amendments to the governing documents, or the grant of exclusive use of common area property pursuant to Section 1363.07 shall be held by secret ballot in accordance with the procedures set forth in this section. A quorum shall be required only if so stated in the governing documents of the association or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum. An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.

BTW, cumulative voting means if 3 people are being recalled a member may cast 3 votes for one person instead of the usual 1 vote each for 3 persons. Cumulative voting doesn't make it easier to recall the whole board, but may make it easier to recall one particular board member. Do your bylaws allow for cumulative voting?

Are you sure cumulative voting is allowed by your governing documents?

Betty,

First of all, here's where the confusion lies with regard to CA statutes. You are referring to Davis Stirling, but the applicable statute is contained in the CA Corp Code not the Davis Stirling Act. These are two separate sets of statutes; Davis Stirling applies to HOAs only and the corp code applies to all corps.

Copied below is the applicable statute from the CA Corp Code. The formula you provide is not in the statute and, frankly, makes no sense to me. What I get from the Corp code is that a board member cannot be removed if the number of votes cast to remove would be the same as the number required to elect him, if all the directors were being elected at that election and if cumulative voting was being used. The code is very poorly written but I don't see where it says it is more effective to recall the whole board rather than just one member. In fact I really don't know how anyone could calculate that. Cumulative voting means a member may cast 3 votes for any one candidate if 3 candidates are on the ballot, or they may cast 2 votes for one candidate and 1 for another or they may just cast 1 vote for each of 3 candidates, whatever they choose to do. Therefore, how can anyone calculate how many votes will be cast for any one candidate when each member voting can cast the votes as they choose?

7222. (a) Subject to subdivisions (b) and (f) of this section, any
or all directors may be removed without cause if:
(1) In a corporation with fewer than 50 members, the removal is
approved by a majority of all members (Section 5033).
(2) In a corporation with 50 or more members, the removal is
approved by the members (Section 5034).
(3) In a corporation with no members, the removal is approved by a
majority of the directors then in office.
(b) Except for a corporation having no members, pursuant to
Section 7310:
(1) In a corporation in which the articles or bylaws authorize
members to cumulate their votes pursuant to subdivision (a) of
Section 7615, no director may be removed (unless the entire board is
removed) when the votes cast against removal, or not consenting in
writing to the removal, would be sufficient to elect the director if
voted cumulatively at an election at which the same total number of
votes were cast (or, if the action is taken by written ballot, all
memberships entitled to vote were voted) and the entire number of
directors authorized at the time of the director's most recent
election were then being elected.

Since these are all CA state laws, they were probably written to avoid conflicting with each other, but address different issues. Since the Davis-Stirling Act specifically addresses HOAs, if there is any conflict, I suspect this Act it written to so as to take precedence over more general Corporation statutes.

But that's just what I think would make sense; I don't know much about these laws.