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GaryR6 (Connecticut)
Posts: 33
Posted:
Our association is looking to put a petition together and would like advice on the proper format. On our 1st page we would like to state the reason, names of the members to be removed,assocations name, and then in numerical order and moving forward the unit owners ability to sign the petition to call for a Special Meeting. Can anyone give further advice? do we have to print on every page the reason for the petition?

Thank you
Gary
FionaC (California)
Posts: 212
Posted:
I just formated a recall petition on behalf of a group of homeowners. I will send you the link for it. Check your bylaws, and local laws. Our bylaws did not cover anything regarding removal, but.. our local law does. Davis Sterling Act in California has this as an example.

Your law may vary. Our states 5% or more needed to start the recall process. Also... please note, that this sample suggested having the reason for the recall on the top of the page signed. If there are additional papers attached, the petition is not valid. People need to be able to see and read exactly the page they are signing.

I'd suggest having the same blurb or something like this above on every page signed. Don't work it too hard. I had way more than 5% of homeowners wanting to recall, but honestly, I stopped at just over what the legal % is.
http://www.davis-stirling.com/MainIndex/PetitiontoRecallaDirector/tabid/1355/Default.aspx#axzz1e7PdFiPP
FionaC (California)
Posts: 212
Posted:
Sorry, I didn't clarify this very clearly.. If there are just signed pages attached to the original petition wihtout the reason on each page, the petition is void according to our laws. Read your bylaws very clearly.. to follow what is needed. There was no issues with what I submitted as it was a cut and paste from our local resource.
GaryR6 (Connecticut)
Posts: 33
Posted:
Thank you, Fiona, we put the state statute on the 1st page and then the reason ---without cause----and then the names of the three board members to remove-----we have a very upset association. we did not follow the reason to every page--if the petition is handed to every signer on a clip board they are entitled to read the entire petition.. Please advise---thank you----Gary
TimB4 (Tennessee)
Posts: 21,046
Posted:
Gary,

Typically the membership may only petition to call a special meeting for a specific purpose. If the petition doesn't say "to call a special meeting for ..." the Board sees it as a request and not as the membership using it's authority. I would do the following:

On each page of the Petition simply state:

We the undersigned members of [nam of Association] desire to call a special meeting of the membership for the purpose of a recall of (Director x,y,z or All Directors) and election of replacement Directors if recall is successful.

Then print up various flyers with all the other reasons on it to leave with the individual after they sign it.

Make sure that you get more then the minimum number of signatures required in case there is an issue with a specific signature.

Hope this helps,

Tim
FionaC (California)
Posts: 212
Posted:
Good advice. I also suggest to be specific, but PR if you will on the reasons for recall. for example our petition gave a specific event with date and time where our petitioned director acted out inappropriately.. making a scene. accusing people in front of a crowd. IN other words, questionable behavior.

Also we listed some of the more basic issues with this person including harsh, rude and disparaging interactions on behalf of our HOA. I have been told by our management things she has done and said, it's embarrassing..

Probably the largest issue outside of the even with questionable behavior is lack of enforcement of rules for herself and her fellow board members. all documented, witnessed and complained about appropriately if you will

( example.... leash rules dont' apply to her dog or the boards pets. Witnessed multiple issues with this by others which supports this. Hosting a party and allowing her dogs, and her fellow board members dogs insde our clubhouse for the "Puppy Bowl" on super bowl sunday. Rule #4 states no animals in clubhouse.. ( and we had a mess of people from our association there. )
I thinkyou get the idea...

Be specific, but not accusatory in your reasons.

GaryR6 (Connecticut)
Posts: 33
Posted:
Hello Tim:

We already completed two petitions
1) Called for the removal of the President, Secretary, and one Director
2) The call was for - special meeting of the --- Association by the unit owners
3) we used information from chapter 828 -Common Interest Ownership Act----Section 47-250 Connecticut statutes
4) The removal was ---- without cause----because their were numeruos issues in the complex----
5) Our complex has 228 units in it, 10 are in foreclosure-----we needed 20% of the unit owners signatures = 46---- we collected 63
on the first petition.
6) We waited 15 days for the board to send out the special meeting notices ---we were ignored----we sent out/hand delivered-mailed out the special meeting notices--the date of the meeting were locked out of our meeting room and conducted the meeting across in a unit owners garage.

7) we had proxies and ballots and the voting results were 74 to remove, 5 not to remove and 1 abstained

8) we sent the results to the remaining board members and were ignored via a direction from our associations lawyer who is working hand in hand with all these foreclosures.

Our petition stated on the 1st page the call for a Special Meeting of the ----Assocaition by the Unit Owners-----removal of the three listed board members --reason---without cause----

then we went in numerical order and people signed.

the problem now is a few of the unit owners had spouses sign and the voted president is stating that the petition is illegal---well this same president in the past has allowed the same spouses to vote last July 12, 2010.

Please help---we want to create another petition if this does not materialize.

Thanks
Gary
TimB4 (Tennessee)
Posts: 21,046
Posted:
Gary,

If a Board wants to be specific, you will need to identify who the members are. Typically, a member is the owner/s of the house. If there is only one name on the deed then that is the person who needs to sign.

Start by requesting a copy of the membership list.
GaryR6 (Connecticut)
Posts: 33
Posted:
thanks Tim----your responses are very much appreciated.

I was on this other board at one time--treasurer-I have a BS in Accounting and am working on my MBA___so i was going to set-up our accounting system with Quickbooks Premium. The print-outs from the bookkeeper for year-end balancies before mailed were copied and I was in the process of setting the accounts up in Quickbooks with the inforamtion from these print-outs. I left that board because the president was manipulating board members and executive votes.These same print-outs -----myself and other upset unit owners used to familarize ourselves with the complex---some of the names on those unit owners balance notices were incorrect. Well our common interest ownership act also allows representatives to cast votes for the deeded owners.Any advice

thanks
Gary
TimB4 (Tennessee)
Posts: 21,046
Posted:
A proxy to cast a vote and a member to sign a petition are two different things.

If someone had a limited power of attorney to act for the member on all things dealing with the Association on file with the Association, then they could sign the petition. Otherwise it needs to be the member. At least that's my take on it.

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