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Subject: Homeowner petition-Need to know if it is allowed
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Author Messages
SashaE1


Posts:49


06/26/2020 10:51 PM  
Greetings!

Can a homeowner set up in the common area to solicit the signatures of other homeowners in a petition to get rid of a board member? My neighbor just told me that a homeowner here plans to do this in a common area of our condos which is a grass area. Is this permitted? We are in Monterey California.
SheliaH
(Indiana)

Posts:3304


06/27/2020 4:55 AM  
Aren't you reading your documents to see what they say on how the common area is being used? If not, pull them out and take a look at the CCRs where you usually find this information.

Or use you noggin. Where is this person planning to set this up? In front of his/her home? At the clubhouse? Are you talking about a person with a chair and table? How large is the table? How long does this person plan to stay in the area - a few hours or the entire day? Is this being set up in an area where a crowd might form and cause some disruption? For example, I wouldn't see a problem in front of a house, but close to the laundry room or pool might be an isxue.

And how do you know this person hasn't already thought of all this and spoken to the property manager and gotten permission?

For what it's worth, is consider the location and whether there's a chance for damage, either by the set up or the potential for a conflict. That may depend on how controversial this board member is. People may flock to the table - or roll up to the person, angry because they like that board member.

CathyA3
(Ohio)

Posts:1068


06/27/2020 5:16 AM  
I agree with Sheila. This is probably OK unless your CC&Rs explicitly prohibit such activities (unlikely). The other thing is that with the pandemic, outdoor gatherings are probably the least risky right now, so even if your CC&Rs are unclear, I'd be inclined to give it a pass.

Requirements such as not blocking entrances or otherwise interfering with others going about their business are reasonable. So I would ask some questions and give some guidance if needed, and otherwise leave them to it.
GeorgeS21
(Florida)

Posts:2794


06/27/2020 5:32 AM  
Is it ok for an owner to meet, sit with, have a picnic with other owners in the same area?

Are you a Board member?

Have you checked with the Board, or management company?
DouglasK1
(Florida)

Posts:1508


06/27/2020 6:00 AM  
I don't see a problem with this either. If the common area is open for member use, this seems like a valid use.

Generally a petition alone would not be sufficient to remove a board member. Your governing docs or state law should have the procedure. This usually involves a certain percentage of members requesting a special meeting for the recall election.

Escaped former treasurer and director of a self managed association.
AugustinD


Posts:3478


06/27/2020 6:56 AM  
Is this owner wearing a mask, keeping hand sanitizer on the table, and keeping social distance? If so, I echo what the others posted.
SashaE1


Posts:49


06/27/2020 9:32 AM  
I was able to get more information. They plan to set up with a folding table and a chair in a common area. This common area is an open grass area with a swing set. No picnics are allowed there and there aren't any tables. They said they will wear a mask and have hand sanitizer and wipes and copy of why they want the board member to be recalled. They did not receive permission from management or the Board ( I am a Board member) to do this. They said they don't think they need to because according to them nothing in rules says they can't. Looked over our governing docs and we do have no soliciting rule without permission but not sure if this counts as soliciting. and in the CCR it does have to common verbiage of not obstructing or blocking passage in common area.
MelissaP1
(Alabama)

Posts:9410


06/27/2020 9:53 AM  
I do not see a problem. If they are a HOA member then they own that common area. They could go door to door but that would be "soliciting". This is in the open and not hiding.

I have a feeling this is more of a personal issue than anything else. There is no reason otherwise I could not sit in common area and gather a vote for something related to the HOA IF I am a member of the HOA.

Former HOA President
JohnC46
(South Carolina)

Posts:9569


06/27/2020 10:35 AM  
Sasha

You typically refuse to belief the majority of posts and you keep searching for answers you want. What is it with you?

The majority of posters say collecting signatures on common property is fine. Why do you not accept this?

An aside. I know of no way to remove a BOD Member with petitions alone. Maybe the petition is for a Special Meeting to recall a BOD Member. Could it be you they are trying to recall?
BenA2
(Texas)

Posts:732


06/27/2020 12:48 PM  
If the homeowner has a right to be in that common area I don't see how you could possibly stop them from collecting signatures for a petition, as long as they are not breaking specific rules. "No soliciting" rules typically refer to selling something.

I really think trying to stop this is a losing proposition.

PaulJ6
(New York)

Posts:974


06/27/2020 12:50 PM  
Posted By SashaE1 on 06/26/2020 10:51 PM
Greetings!

Can a homeowner set up in the common area to solicit the signatures of other homeowners in a petition to get rid of a board member? My neighbor just told me that a homeowner here plans to do this in a common area of our condos which is a grass area. Is this permitted? We are in Monterey California.




I would use DocuSign for this (since it'll be hidden to the board member), but even if your governing documents don't prohibit it, expect the board to try to stop it, obviously.
KerryL1
(California)

Posts:7318


06/27/2020 2:05 PM  
With others, Owners should be able to do this if nothing in your docs opposes it. I suppose there could be minor issue off damaging the grass.

Btw, Sasha, owners in CA now may place fliers to owners' doors that relate to HOA business even if a "solicitation" for signatures or whatever. And even if the HOA' rules prohibit it.
JohnT38
(South Carolina)

Posts:334


06/27/2020 3:38 PM  
Extreme apathy is the norm in our community. As president of our HOA, I think I'd walk over to the common area and shake this person's hand and compliment him/her on actually knowing who the board members are.
JohnC46
(South Carolina)

Posts:9569


06/27/2020 4:35 PM  
Posted By JohnT38 on 06/27/2020 3:38 PM
Extreme apathy is the norm in our community. As president of our HOA, I think I'd walk over to the common area and shake this person's hand and compliment him/her on actually knowing who the board members are.




LOL
SashaE1


Posts:49


06/27/2020 7:06 PM  
Thanks again for all the information. No it is not me who they want recalled. Well the little event took place today from 2-5pm. The homeowner was in the common grass area with a folding chair and table. No mask on. No hand sanitizer. She posted a sign to the fence that surrounds the common grass area that read "Recall [Board member's name] Now! Sign the petition today!" But there was no disruption. I am glad there wasn't a problem. She told me she will be back everyday with the same setup collecting signatures.

Also, Kerry, it is good to know that now in California one can now post flyers on doors even if the HOA rules state no soliciting or passing out flyers without permission from the Board. Will you give me the reference to this so I can inform management to update the rules here. Thanks!

KerryL1
(California)

Posts:7318


06/27/2020 7:17 PM  
Eff. 1/19. You PM should know about this and should have advised the board accordingly. You MAY establish reasonable hours for such distraction. As previously advised, visit davis-stirling.com for more about this topic: "Flyers.'

"Distributing Flyers. Members cannot be prohibited from distributing or circulating, without permission, information about (1) CID living, (2) association elections, (3) legislation, (4) election to public office, (5) the initiative, referendum, or recall processes, or (6) other issues of concern to members and residents. This is by far the broadest and most overreaching portion of the new law. The scope of information which may be distributed, without permission, is effectively unlimited. It need only be any matter which concerns a member or resident. (Civ. Code §4515(b)(5).)"
SashaE1


Posts:49


06/27/2020 7:18 PM  
Posted By KerryL1 on 06/27/2020 2:05 PM
With others, Owners should be able to do this if nothing in your docs opposes it. I suppose there could be minor issue off damaging the grass.

Btw, Sasha, owners in CA now may place fliers to owners' doors that relate to HOA business even if a "solicitation" for signatures or whatever. And even if the HOA' rules prohibit it.




Nevermind, I found the reference along with other important relevant information. Thank you for letting me know about this. Very helpful.
SashaE1


Posts:49


06/27/2020 7:28 PM  
Posted By KerryL1 on 06/27/2020 7:17 PM
Eff. 1/19. You PM should know about this and should have advised the board accordingly. You MAY establish reasonable hours for such distraction. As previously advised, visit davis-stirling.com for more about this topic: "Flyers.'

"Distributing Flyers. Members cannot be prohibited from distributing or circulating, without permission, information about (1) CID living, (2) association elections, (3) legislation, (4) election to public office, (5) the initiative, referendum, or recall processes, or (6) other issues of concern to members and residents. This is by far the broadest and most overreaching portion of the new law. The scope of information which may be distributed, without permission, is effectively unlimited. It need only be any matter which concerns a member or resident. (Civ. Code §4515(b)(5).)"



Thank you for this information!
GeorgeS21
(Florida)

Posts:2794


06/28/2020 6:34 AM  
I keep thinking ... WHY would anyone want to stop the open democratic process from working?

Sure, maybe board members don’t want to the recalled ... but, signatures for a special meeting is the single “out” card that owners can use ...
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Forums > Homeowner Association > HOA Discussions > Homeowner petition-Need to know if it is allowed



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