DebbieC2 (Florida)
Posts: 4
Posts: 4
Posted:
If a petition is signed by a majority of the members in a HOA what is the BOD legal responsibility?
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Petition
Started by DebbieC2 • 1 replies • 1412 views
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TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Depends what the petition was for.
Typically, the only thing a membership can petition the board for is to call a special meeting for a specific purpose (usually recalling the board). For that to happen the petition must specifically state that the membership petitions the board to "call a special meeting".
Any other type of petition, or a petition without that specific phrase, would be considered a request and the board may respond to the request any way they wish, including ignoring it. I don't think they should, but they could.
Many times people want to recall the board and solicit a petition with wording like:
"We the undersign desire to recall the board", "We the undersign demand the resignation of . . ",
"We the undersign believe the issue of abc is wrong", etc.
Since that language never called for a special meeting, all of them could be considered a request by the board.
Your governing documents should specify the number of signatures required for the membership to call a special meeting.
Typically, the only thing a membership can petition the board for is to call a special meeting for a specific purpose (usually recalling the board). For that to happen the petition must specifically state that the membership petitions the board to "call a special meeting".
Any other type of petition, or a petition without that specific phrase, would be considered a request and the board may respond to the request any way they wish, including ignoring it. I don't think they should, but they could.
Many times people want to recall the board and solicit a petition with wording like:
"We the undersign desire to recall the board", "We the undersign demand the resignation of . . ",
"We the undersign believe the issue of abc is wrong", etc.
Since that language never called for a special meeting, all of them could be considered a request by the board.
Your governing documents should specify the number of signatures required for the membership to call a special meeting.
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