Election, Recall

Started by SusanS9 • 4 replies • 2387 views

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SusanS9 (California)
Posts: 56

Posted:

If there is an upcoming annual election for 3 directors and the board receives a petition to remove all 5 directors, what would have happen first, the annual election or the recall? Or the election and recall would be done "together", in other words, recall 5 directors and replacing them would take place of the annual election?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,

I highly reccomend that you look this up in the Davis/Sterling Act. You need to procede cautiously when recalling Board members and I highly doubt that it can be done in unison without proper notice to members and the Board.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Susan,

A recall must be undertaken by following the requirements stated in your bylaws and/or state law. Copied below is the only statute from the Davis-Stirling Act that I could find addressing a recall.

I would think the recall should take place b/4 the annual election. Also, I would think the recall should be for only those board members whos terms are NOT expiring this year. The reason I say this is because a board member who has been recalled may be able to run for election at the next annual meeting. If this is the case what's the point of recalling someone who's term is expiring?

From the Davis-Stirling Act:
1363.03(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.

LynetteB (Texas)
Posts: 141

Posted:

SusanS9,
I don't know California law, but I have a question. Did you receive a proper petition from the members with the required percentage of members requesting a recall? I only ask because we received emails from 3 out of 76 members who wanted us to recall our board prior to an election. I won't go in to the details surrounding the reason they wanted a recall, but we proceeded with the election with a majority board vote to do so. The 3 tried to rally support from the members claiming there was a petition sent, but it was not a valid petition as only 3 members were involved in it.
Check your documents for any language on the subject. If there is no specific language in your docs, put it on the list of things to get written.

Good Luck!

SusanW1 (Michigan)
Posts: 5,202

Posted:

This is a good reason why "mass" recalls can get confusing.
EACH board member deserves an individual motion to recall him/her.
If you elect three new members, then only two "old" members would have their recall motion go before the members.
(Of course, following the Notice and proper procedures according to your own documents0

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