is it ok to send campaign information to remove a director?

I had this asked of me today and I had no idea if there is an issue with this.

We are in a middle of a soon to be recall election. The board of directors just set up a date for election and recall.

I was asked if mailers could be sent to homeowners asking for yes to recall.

I was going to just mail out a copy of the petition that was signed and a short letter explaining what the document is and ask for yes on a recall.

Suggestions?

I don't think mailing the petition itself will have any real affect on anyone.

A factual statement of the reason for the meeting would do better and, in my opinion should be done. As Glen said, keep it to the facts. I like to show where people can verify the facts for them selves (per the minutes of mm/dd/yyyy abc happened).

I also don't think that the Association should be mailing this info out. The cost should be spent by the committee calling for the recall. The same goes for anything the sitting Directors want to personally say about the recall - it should be done at their expense and not the Association. The Association should only bear the expense of printing and mailing the meeting notification/s and any cost in holding the meeting.

Has your group solicited the development to be proxy representatives? Failure to do so may cause all your effort to be defeated.

If you allow any information to be sent out you must allow the other side to do the same. Basically if you choose to allow and pay for sending info out providing information on why the recall should go forward, you should allow the existing director to send out information on why it shouldn't.

You need to provide equal access rights to both sides

I agree that this type of mailing should not be an association expense. I think your first plan was a good solution but not sure I would even put in the part about asking for a yes vote. The recall already implies a yes vote is wanted.

Fred, they are referring to California Davis Stirling act where if the HOA Board (not an independent group) advocates for or against a candidate they must provide equal opportunity to the opposition.

Civil Code §1363.04. Campaign Funding.
Civil Code §1363.03. Election Procedures, Secret Ballots, Inspectors of Election.