Delivery of Petition to recall individual on Board of Directors.

Started by FionaC • 8 replies • 1775 views

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FionaC (California)
Posts: 212

Posted:

Getting things together for our formal recall request.

I understand our petition needs to be brought forth to our BOD. Can this be done via our PM and how does one deliver it? personally? Certified?

I know this sounds bizarre, but I have NO clue how to deliver this document. I would prefer not to do it at HOA meeting, because this is a document that is signed by a number of homeowner's to remove our current president. I don't wish to embarrass him , although.. honeslty this person has done plenty of that for the entire community.

Please advise appropriate delivery?

TimB4 (Tennessee)
Posts: 21,047

Posted:

If it were me, I would send it certified to the Board, the Management Company and the Associations Registered Agent. This way there is a paper trail. However, you could also deliver it by hand or send it via first class mail.

Note: The language on the petition should have been to call for a special meeting for the purpose of recalling the board not just to recall the board.

The reason behind this is that the membership has a right petition the board to call a special meeting for a specific purpose. Anything else would just be a request.

Davis-Stirling.com can explain it better than I can.

Keep us posted.

Tim

FredN (California)
Posts: 87

Posted:

Check your assn. here

http://kepler.sos.ca.gov/

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By TimB4 on 10/13/2011 11:22 PM
If it were me, I would send it certified to the Board, the Management Company and the Associations Registered Agent. This way there is a paper trail. However, you could also deliver it by hand or send it via first class mail.

Note: The language on the petition should have been to call for a special meeting for the purpose of recalling the board not just to recall the board.

The reason behind this is that the membership has a right petition the board to call a special meeting for a specific purpose. Anything else would just be a request.

Davis-Stirling.com can explain it better than I can.

Keep us posted.

Tim

Hi Tim, due to personal issues and scheduling I have just now got around to doing this. Our community is not unlike others. Oh yes, they want a recall, but nobody will do the footwork. Apathetic homeowners are pathetic in my eyes, none the less I took your advice. Mailed copies to all board members, and certified to our management company.

Hope this is all it takes for them to get the ball rolling.

RichardP13 (California)
Posts: 1,767

Posted:

Fiona

How old are your Bylaws? Does the Association cumulative voting? If so, most likely you will have to recall the entire board because of the complexity of recalling an individual director when the associations Bylaws allow for cumulative voting. If your Bylaws have not been amended or restated since the declarant or developer turned the property over to the homeowner, you could be in for a legal challenge. Typically, the original Bylaws were written so as to keep the developer in power during the building phrase, as they had the most to lose.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By RichardP13 on 11/09/2011 10:01 AM
Fiona

How old are your Bylaws? Does the Association cumulative voting? If so, most likely you will have to recall the entire board because of the complexity of recalling an individual director when the associations Bylaws allow for cumulative voting. If your Bylaws have not been amended or restated since the declarant or developer turned the property over to the homeowner, you could be in for a legal challenge. Typically, the original Bylaws were written so as to keep the developer in power during the building phrase, as they had the most to lose.

Hello Richard, our ccrs and bylaws to NOT allow for removal except this method... they are the original bylaws and ccrs from the early 80s! They are not ammended.

The signed petition for removal was sent out. There was far more than the 3% which is required by DSA. I will say that alone would make someone wish to withdrawl, bt we will see. I purposely did NOT sign the petition as there were more than enough homeowner's wishing to remove the loose canon. However, I did post the petition to all board members and certify mail the original to the management company. My understanding is that they have to comply and set up a special meeting asap...

FionaC (California)
Posts: 212

Posted:

its cumulative voting. the rest of the board is fine, but the president has multiple issues, documented and witnessed amongst enough people that she should hopefully just step down.. imagine getting a petition with 10% of homeowner's asking you step off... its embarrassing.

RichardP13 (California)
Posts: 1,767

Posted:

Fiona,

Here is the section from one of my associations that tried doing the same thing you are attempting. See if your Bylaws have similar language. My own Bylaws previous to us restating had very similar language.

Section 5. Resignation and Removal.
Any director may resign at any time by giving notice to the Board, and any director may be removed from membership on the Board by vote of the members; provided, however, that unless the entire Board is removed from office by the vote of Members of the Association, no individual director shall be removed prior to the expiration of his term in office if the votes cast against removal would be sufficient to elect the director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of directors authorized at the time of the most recent election of the Board member were then being elected. A director, elected by vote of the Members pursuant to Section 2 hereof, may only be removed from office prior to expiration of his term by the vote of at least a simple majority of the portion of the total voting power held by Members other than Declarant.

FionaC (California)
Posts: 212

Posted:

Quote:

Posted By RichardP13 on 11/09/2011 3:49 PM
Fiona,

Here is the section from one of my associations that tried doing the same thing you are attempting. See if your Bylaws have similar language. My own Bylaws previous to us restating had very similar language.

Section 5. Resignation and Removal.
Any director may resign at any time by giving notice to the Board, and any director may be removed from membership on the Board by vote of the members; provided, however, that unless the entire Board is removed from office by the vote of Members of the Association, no individual director shall be removed prior to the expiration of his term in office if the votes cast against removal would be sufficient to elect the director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of directors authorized at the time of the most recent election of the Board member were then being elected. A director, elected by vote of the Members pursuant to Section 2 hereof, may only be removed from office prior to expiration of his term by the vote of at least a simple majority of the portion of the total voting power held by Members other than Declarant.

Your bylaws are interesting. Our does not approach this issues so we are left to interpret the Davis Sterling Act.. it's complex, but the good news is it's the law. Our parts been done. It is now up to the HOA to do theirs and hold an election.. for removal.

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