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Subject: How do we initiate a recall?
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Author Messages
JoseV2
(Florida)

Posts:19


05/20/2021 4:16 AM  
A recall was initiate several (over 7 years) years ago. The entire board was replaced. Things began to roll but unfortunately, this was done close to election time. As a consequence the fired board, clandestinely, took to the streets knocked on every door and collected enough proxies to get back on the board. And so, here we are again, 2021 same old complacent board members.

BillH10
(Texas)

Posts:772


05/20/2021 4:42 AM  
Joseph, taking to the streets to secure support for one's election is hardly a clandestine activity.

Have you been a candidate for the Board?

What is the point of your post? Is this another Jeopardy type guessing game?
MelissaP1
(Alabama)

Posts:10523


05/20/2021 4:56 AM  
Your documents cover this. Plus do you have anyone whom wants to be on the board? If not, you got what your going to get. Learn to work with it or step up to join it.

Former HOA President
SheliaH
(Indiana)

Posts:4221


05/20/2021 5:10 AM  
What Bill said!

If you were one of the homeowners behind that other recall years ago, you already know what's required. It seems to me you're looking for an easier way to get rid of the board and management company, but the fact is there is no easy path to do this. If you don't have the time or energy to devote to this, you're down to three choices: find others to take the lead and support them; learn to live with this Or move. Now, what do you want to do?

You can complain about the board and management company all day long but nothing will change until the the homeowners face facts and address them. In your post on the management company you said the community finances are jacked up because assessments haven't been increased to keep up with inflation. That's also the board AND homeowners fault - the board for not being the adults in the room and telling the community tough decisions must be made and why and the homeowners for insisting on "low" assessments at any cost. You can get rid of the management company today, but if you don't address the larger issue of apathy and incomplete and perhaps indifference on the part of the board, you won't get anywhere.

It will take the homeowners (a significant amount anyway) to work together to fix this. It won't happen overnight and there may be tough days ahead, but it can work. I wouldn't worry about being undercover - in fact you should go to the next board meeting and start demanding answers. They may ignore or laugh at you, but there may be another neighbor or two who hears you and they may come to you and ask for a meeting to discuss the issue in more detail. Your be surprised what can happen after that.
CathyA3
(Ohio)

Posts:2466


05/20/2021 5:33 AM  
As I'd mentioned in the OP's other post, the real problem here isn't this particular set of board members (who understand HOA politics) - it's the homeowners who keep electing them.

While it may be frustrating to live with a bunch of people who are short-sighted about money matters, the majority rules. That's the reality of living in an HOA. People who don't like what's going on have three options: change it, live with it, or leave. People have to decide for themselves which of these options is best of them.
JohnC46
(South Carolina)

Posts:11514


05/20/2021 11:18 AM  
I love it. Get recalled but then elected again at the next Annual Meeting....LOL
JohnC46
(South Carolina)

Posts:11514


05/20/2021 11:18 AM  
I love it. Get recalled but then elected again at the next Annual Meeting....LOL
JoseV2
(Florida)

Posts:19


05/20/2021 11:57 AM  
Good place to look. And yes there are a few interested parties. Hopefully, we can turn things around with the right people in place. Can't work with one track mind people especially if they don't want to work for the community. Tried working with them for the past 18 years and the results always end up to be the same, NADA gets done. Nevertheless thank for your input.
JoseV2
(Florida)

Posts:19


05/20/2021 12:09 PM  
I chose clandestine for a lack of a better word when I was typing. Maybe sneaky would have been a better selection.
In regards to being a candidate, yes, on three occasions. But for lack of a quarum, I was not elected into office. However, being the only person showing interest you would think that the moment an opening was available I would receive a call from the board and they would vote me in. Never happened. They would call in someone else that saw things as they did and would not make any waves. I want to say that they are bigots, but I'm not going to get into that.

The point of my post? I thought it was pretty clear. The question was pretty clear. "How do we initiate a recall?" Someone directed me to our docs.
JoseV2
(Florida)

Posts:19


05/20/2021 12:45 PM  
You are assuming that I am looking for an easier way to get rid of the board and management company.
Not so. Just guidance. I have been vocal at the meetings and have expressed dissatisfaction with the way they are running things here or allowing things to decay. But, we are talking years of bringing things up at the meetings and nothing gets done. By the way, We have just recently put together an architectural committee and have reviewed financial statements to see where the money is being spent. These are the initial steps we are talking to get to the bottom of all the ills of our community. We see that we are lacking more money to get things done in our community, but even the most simple things like addressing violations are not being enforced. No money is needed for that. So what I am looking for is an effective and legal way to remove these people from office without having to wait till the fall. If I understood how it was done, I would not be asking for information or advise.
Tough decision have to be made, you are right about that, and HOA fee must keep up with inflation and cost.
Thank you for your input


JoseV2
(Florida)

Posts:19


05/20/2021 12:49 PM  
I don't see the humor. It was a sad chapter in our community to see x board members doing it not for a better community but for retaliation. Childish. All they did was set our community into a limbo.
JoseV2
(Florida)

Posts:19


05/20/2021 12:53 PM  
Cathy, thank you for your information. Since the homeowners don't vote, the board gets to sit back in.
JohnT38
(South Carolina)

Posts:764


05/20/2021 12:53 PM  
Posted By JoseV2 on 05/20/2021 12:49 PM
I don't see the humor. It was a sad chapter in our community to see x board members doing it not for a better community but for retaliation. Childish. All they did was set our community into a limbo.




On several occasions people have asked or told you that the answer is in your governing documents and that they need this information. If you are serious, start reading them and post the relevant information.
JohnC46
(South Carolina)

Posts:11514


05/20/2021 1:02 PM  
Jose

Recalls can vary according to ones docs but overall:

1. Your docs will say how many owners are needed to sign a recall petition. Some are as low as 20%. Some are as high as 50%.

2. The purpose of the recall must be clarified in the Recall Petition such as recall Bob and replace with Mary. If recalling the entire BOD, their replacements must be named. It cannot be a general bytching session.

3. The petition is submitted to the BOD and they have to set a recall meeting. Usually they have a time frame to do so.

4. A BOD Member voted on to the BOD by fellow owners, typically must be voted off the BOD by 51% of all owners. I say all owners. Not simply 51% at the meeting. It is not easy to do.

Overall recalls rarely work as they re subject to quite a bit of legal wrangling by those being recalled. The best way to bring about change is to get like thinkers elected to the BOD. This will often take two election cycles but still the easiest way.

Tough love here Jose but you have run for the BOD numerous times and never been elected. This says even if you are correct, your fellow owners do not see things as you do thus your chances of organizing a recall appear to be slim to none.

Change cannot be only wished for. It requires hard work by several dedicated owners to bring it about.

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