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Subject: Recall of Invidual Board Members of CA HOA

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NancyE2
(California)

Posts:1

07/30/2008 4:58 PM
Can a group recall three Board Members leaving the forth one in office in the state of Cailornia?

RobertR1
(South Carolina)

Posts:2076

07/30/2008 6:39 PM
NancyE2, I'll venture to say that can happen. And I'll venture to say another piece of advice is to have five Board members. I would look closely at your by-laws to see if somewhere along the line, there was a fifth member. I would not be jumping too far if I suggest that might be the reason your board is running into trouble, if owners want to recall.

SusanW1
(Michigan)

Posts:2121

07/30/2008 7:45 PM
Your bylaws will tell you how to recall your Board members. The State statutes defer to the bylaws IF the procedure is stated in them. In general, Board members can be removed by a vote of the people who put them on the Board - probably the Membership at an annual meeting. EACH member is removed by an individual motion and vote. What do your bylaws say about removing Board members?

MaryA1
(Arizona)

Posts:2161

08/01/2008 1:11 AM
AZ has a state law outlining the procedure to remove board members. It does NOT defer to the bylaws, whether a procedure is contained therein or not. In fact it says the opposite: "Notwithstanding any provision of the declaration or bylaws to the contrary. . ." Your best bet is to research your bylaws and also the Davis Stirling Act. Posted By SusanW1 on 07/30/2008 7:45 PM Your bylaws will tell you how to recall your Board members. The State statutes defer to the bylaws IF the procedure is stated in them. In general, Board members can be removed by a vote of the people who put them on the Board - probably the Membership at an annual meeting. EACH member is removed by an individual motion and vote. What do your bylaws say about removing Board members? AZ has a state law outlining the procedure to remove board members. It does NOT defer to the bylaws, whether a procedure is contained therein or not. In fact it says the opposite: "Notwithstanding any provision of the declaration or bylaws to the contrary. . ." Nancy's best bet is to research her assn's bylaws and also the Davis Stirling Act.

SusanW1
(Michigan)

Posts:2121

08/01/2008 4:44 AM
Got to see the rest of that quote from the law . . . (Notwithstanding means "Despite")

SusanW1
(Michigan)

Posts:2121

08/01/2008 4:56 AM
Found it. http://www.chore.us/GOV-hoalaws.htm

GeraldT4

Posts:932

08/01/2008 6:49 AM
NancyE2 - Go to California's www.davis-sterling.com and search through the Index of Topics under R for Recall. The law outlines steps to be taken.

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Forums > Homeowner Association > HOA Discussions > Recall of Invidual Board Members of CA HOA

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