Recalll Petition Underway, Individual who was seeking to replace the removed BOD has "changed" his mind.

I would advise you to read your documents. Our documents state that a Board member can only be recalled if there is another person willing to be a Board member. I think our ballot would read something like this: I vote to recall___________________and replace with__________________________________if we ever had a recall election.

That being said, I read the NE state law a few days ago and only 3 people are required to be on the Board. We currently have 5, but because of our governing documents if any Board member were recalled they would have to be replaced immediately.

Now if 2 Board members resigned that would leave us compliant with State law since we would still have 3 Board members. The 2 that resigned would not have to be replace immediately.

Your bylaws or other documents should give the board the authority to fill vacancies.

We recently had a recall election for a state senator. Voters petitioned for a recall election which was then open to anyone who wished to run, including the senator who was the subject of the recall. (The incumbent lost.)

Your community documents should specify what happens when a recall election is sought.

Our documents do NOT allow for recall. Our bylaws are close to 30 years old. Nobody in the entire time this HOA has been around has been challenged to recall.

The one homeowner that originally stated he'd do it seems to have backed out. I can jump in , but that would only be for the remainder of the term and I work swing shift. So, meetings would have to accommodate my schedule and would more than likely be on a Saturday. ( nobody wants that but it would have to happen )

We have to follow the Davis Sterling Act. Once again, our bylaws do NOT even mention removal of a board member!!

ALso, I was notified by our management company that they did indeed receive the certifified document, they also disclosed they provided it to the HOA attorney for reveiw and that the Board now must now set a date according the "feedback" the atty gave them.

What kind of feedback would this be? I am surprised the HOA atty is even involved at this point. Does it sound like the one who is going to be recalled wishes to proceed though and not kindly step down??

( Ideally that would be best.. ) I have a fair amount of correspondence over this year showing claims, reports, sightings, issues, complaints from myself and the on behalf of stated other members... about 8 incidents in total. ONe by the pool where she made an arse out of herself stating we were "going to hear" from management as this was an illegal meeting, and proceeded to take photos with her phone, or so it seemed. She was very busy holding her phone up and texting........ bizarre, maladroit, questionable behavior is outlined on our petition.

You know you are right Tim. I am just in awe of someone who just won't step down when a recall happens. Its embarssing to have a recall petition served with your name on it.....

WIsh me luck.