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BrianN1 (California)
Posts: 20
Posted:
Hi Every one, As i'm just a home owner and in my HOA some board of director we would like to remove the off the board. I do not know if all we get all signature from 2/3 home owner can that be valid to request a remove 3 board member off the Board of Director. They had false to their responsibly, and spend the fund wisely and waste while someother thing can be done first.

In my HOA their currently 5 board member and 3 of them on the same teams that why we can never remove them yet. So my question can all Homeowner taking action to remove them off the board or not via special meeting with all home owner signature.?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here's what I want you to address. Do you have a replacement in mind once you remove these BOD members? It's great that you realize your fellow HOA have the power to remove bad BOD members. However, did you all realize someone else has to step up to do the job? You may find yourself in another pickle once you do the removal.

You have to keep in mind that BOD's of HOA's are NOT run by professionals by default. They are VOLUNTEERS. Holding someone to a higher standard than you would yourself is out of line in a HOA. That's because you can't expect a "Soccer Mom" to know corporate law/structure or contractual law. BOD members usually fall into 3 groups of thought. 1st it's an owner who truly cares about their property and wants to be involved regardless of their educational/experience background. 2nd are those rare professional type people who KNOW how to run a business and want that control. 3rd is "I was just there and no one else raised their hand. Had to have somebody"...

Instead of concentrating on removing these BOD members, why not concentrate more on EDUCATING your fellow HOA members on how a HOA is to run? I think alot of HOA issues can be resolved just by understanding HOW a HOA operates. Take a moment at the meetings to READ your documentation and discuss. Almost like "Sunday school" with each paragraph or section being a lesson.

Sometimes it's just the simple things that make the greatest improvements. When 1 of my board members pointed out to me this fact I was set to run the HOA correctly. They told me "Keep in mind the money in the HOA funds is EVERYBODY's money. NOT just yours. It takes a vote and consideration of the MAJORITY of membership that dictates where the money goes. It is NOT yours to dictate". I learned NOT to spend the HOA's money as if it were my bank account but if it were everybody elses. I might not agree with their decision but it wasn't my decision to make. Think this lesson may help you out and your BOD. Good luck!!!

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Very wise words Melissa … I especially like paragraph 1 and 4.

Brian … yes it can be done, but I would like you to be able to tell us that you do have individuals already willing to step up to the plate and serve their community. Also, it would be interesting to know more detail regarding the issues and if there has already been proper communication.

Keep in mind ... it is not fair for individuals to not be made aware of potential issues then possibly get blindsided from the back end. In other words how would you feel if there was a potential issue and nobody brought it to your attention, then wanted to do as you are suggesting. You need to be very sure before proceeding that this is the right path to take.

BrianN1 (California)
Posts: 20
Posted:
thank for comment Melissa, that was very nice.. However, the issue it's these 3 BOD does not know how to run the business all they did wasting money for nothing. the Properties management team was unprofessionall as well. They spend money to widely and now we have no Reserve money incase if something happen. Major issue required repair and maintennce is required they just ignore, rather than doing some other thing just a waste. In my complex about 180 units and 160 unit would like to remove the off the board, we had a new candicate but instead waiting until February next year for the election. We would like that action taking ASAP so. Because the longer they stay on the Board they waste money and it's not their money.

BrianN1 (California)
Posts: 20
Posted:
These BOD also had very bad attitude, it happen more than 5 times. I was there and see it happen. other Homeowner was asking why this happen can we do something or will there something to correct this or why we not using fund to fix this first before we can do otherthing.. those BOD was kind piss and yeld the Home Owner and giving the very bad attitude. Those BOD also doesn't not speaking english too. LOL.. what kind. and in our community we had Mexican 44% , Thai 5%, Laos 6% and Chinese 15%, another other Asian 10%. we are alway needing a translater because those BOD don't speak english.
BrianN1 (California)
Posts: 20
Posted:
my apoplogy about my gramar because i'm writing via iphone while i'm on the train home from work.

Thank you
JanetB2 (Colorado)
Posts: 4,219
Posted:
OK if you apparently have 160 out of 180 potentially wanting to take this route, here is some information to get you started:

Here is the Davis-Stirling Act Information. The first link is for the Resignation and Recall Menu on the website containing various information:
http://www.davis-stirling.com/MainMenu/MainIndex/Directorremovalrecall/tabid/450/Default.aspx

Here is info regarding petition to recall:
http://www.davis-stirling.com/MainIndex/PetitiontoRecallDirectors/tabid/1353/Default.aspx

Here is the link for a Petition example for Recaling certain directors. Be sure all needed information is on every petition page as noted in red:
http://www.davis-stirling.com/MainIndex/PetitiontoRecallDirectors/tabid/1355/Default.aspx

Even though it only requires 5% of signatures to have the recall meeting set, it is best to get as many signatures as possible. If you have a vast majority of members sign then maybe the directors will just resign … who knows.

RichardP13 (California)
Posts: 1,767
Posted:
Brian

Getting the petition put together, signed and delivered to the Secretary and Property Management company is the easy. If you have a community of 180, you only 9 signatures. As someone suggested get more, maybe 18.

Next is the recall and the election. In California if you have a recall, then you must have an election to replace the directors you are removing at the same time. If you Bylaws are old, like most others, you will have to recall the entire Board. You will have to meet the quorum requirement for the meeting, which could mean 91 or 92 owner, present in the form of in person, by proxy or by ballot. Then you have to get either a majority or 51% of the ballots to approve the recall.

The best of luck to you
BrianN1 (California)
Posts: 20
Posted:
Thank you for quick respond.

So if base on those article following step below should be taken before the BOD can be remove Am I correct?

1st. File a Petition Request for Special Meeting Reason (Recall Board of Decetor. (Must also had a many signature from all home owner and must be at least 5%.)

2nd. Once the Special Meeting event had been schedule, then we need signature from all home owner again to file a Petition Remove Director of Board.

3RD. Day the Meeting Event we will have to present to them A petition of Move Director of Board. Name of indivivual should be listed on the petition. then Reason why we would like to remove the.

4TH. If this petition successed. at the same day we must then have to cast vote for a new BOD.

if all the above step is correct and that the route we should be taken before anything can be done. However, worst senario if they reject the petition was submited what should we do. I'm sorry because we just middle class families and do have much knowedge with the law for Corporation in state of California. And we dont have support financel to hire an attorney advisor or assist us with this situation. So we have to do everything our own and we just want do rigth way as the law written.
BrianN1 (California)
Posts: 20
Posted:
any any one had gone throught this before and reside in california. please help me with step by step what we should do first, 2nd , 3rd 4th, and last.. so that way they won't find a way to strike back with reason was not applicable according to the Corpation law.

thank you in advance.

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