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HaykP (California)
Posts: 50
Posted:
Hi,

I've been trying to get some information on this forum, reading our CC&R and By-Laws and going through Davis-Stirling. Following are my previous forums about issues we are having to get some history:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/126335/view/topic/Default.aspx
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/126657/view/topic/Default.aspx

http://www.davis-stirling.com/MainIndex/PetitiontoRecall/tabid/1353/Default.aspx#axzz1lvW6iuSQ

On January 19 I've mailed 3 letters with petition (two to existing board member and one to association P.O. Box where we mail our checks) and on 21st served a copy to daughter of one of the board members. On January 25th I verified that board member did indeed receive the petition from her daughter on the same day, but it was only verbal. One letter that was mailed to her certified was never claimed though. We've used following template, but I can provide the actual petition too:

http://www.davis-stirling.com/MainIndex/PetitiontoRecallEntireBoard/tabid/1354/Default.aspx#axzz1lvW6iuSQ

Now, we want to make sure that petition goes through and that we do everything 100% correct. So I was looking for someone that has actual experience to help us with this. It will be 20 days since we served the notice in few days and board didn't take any actions, so we should be able to move forward. So I was wondering if there is anyone here that has already done so and can help us with this issue, so we can get a working board elected and leave all this behind us. I've already got our CC&R and By-Laws as PDF so it will be easy to share. I didn't find any language about meeting in CC&R and in By-Laws there is only a page about meeting and voting.

Your help is truly appreciated!

Thanks
TimB4 (Tennessee)
Posts: 21,047
Posted:
Since the Registered agent is typically the Association attorney, I would have mailed a certified copy to the registered agent. Your local courthouse or State Corporation Commission should be able to provide you with the name and address of the Associations registered agent.

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The bottom line is your CC&R's, Bylaws will explain/dictate how this can be done.
Most will be based on a having a "quoram" and how to define such.

Rarely in a democracy can the minority control the majority no matter how "right" the minority cause seems to be, especially to those in the minority.

Of course, Batista said that about Castro...LOL

HaykP (California)
Posts: 50
Posted:
Tim,

Thank you for your reply.

I am not sure, but why would I mail anything to Registered Agent. And how is it going to help us with Recall?

Thanks!
TimB4 (Tennessee)
Posts: 21,047
Posted:
The registered agent is the individual, registered with the State, who is designated to officially receive any legal or other official communication on behalf of a business entity (i.e. your Association).

If your Board is not responding, sending a copy to the registered agent will provide documentation if this issue ever has to be resolved by the courts.

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
I don't like recalling a board en masse. Too much of a chance that sympathy for just one member can thwart the entire process.

I suggest you treat each member's recall separately with a separate motion for each person.

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