Appears as though Board ignored petition for recall.

Started by FionaC • 2 replies • 1069 views

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FionaC (California)
Posts: 212

Posted:

Our board was given a petition to recall one of the board members. It is coming up on our 20 days and nothing has been posted yet. OUr management company was kind enough to state that the petition was appropriately done, there is no issues with it according to our HOA atty.

What can those those who signed this document do next if the board does not post a special meeting for recall within the next 3 days? I can not find the information we seek online. DSA.

Hopefully I can get directed where we need to go.
Thanks. Fi.

WayneM2 (California)
Posts: 12

Posted:

I am a HOA president,I have gone thru this process before.First of all I would give them 30 days to act,that is more than fair,if the board still has not addressed the issue,you can give notice your self.Recall is a big thing,so it will take time. The board has at least 35 days and no more than 90 days to set the meeting date.This is Corp. Code §7511(c).)also petitioners may give notice,if the board fails.Notice to be given is not less than 30 days and no more than 90 days before the date of the meeting.Civil Code 1363.03 (e) requires at least 30 days of balloting,for more clarification go to Davis Stirling.com and look for recall rules,it is pretty straight forward.
You have more power than you think. Good Luck

FionaC (California)
Posts: 212

Posted:

Davis Sterling Act.. is very clear, they have 20 days to respond... But I will check it out. Thank you.

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