By: Roy Helsing, The Helsing Group, an HOA MGMT Company
Question: I heard from someone in a community in which they want to do a recall on the majority of board members. Can this be done since the board has majority of the member votes? Who can appoint inspectors…
If 5% of the membership submits a petition to the Board requesting a recall, the Board of Directors must cause that election to take place not earlier than 35 days or later than 90 days from the date the petition is submitted. The petition should note if the entire Board is being recalled, or just certain Board members as well as the reason for the recall. Note: it only takes an up or down vote with a majority of the membership voting to recall the entire Board. However, it takes a much higher number to remove a single director or directors (less than the entire Board) and a minority of the membership can stop such a request if your association provides for cumulative voting. So, to make it simple, it is easier to recall the entire Board and then re-elect those that can get the votes than it is to remove part of a Board.
The Board of Directors does get to pick the inspector of the election, but that inspector has a duty to remain unbiased. Basically, once the inspector is appointed they are no longer working for or responding to the Board – their job is to be independent and run an election consistent with the Civil Code and the rules adopted by the association in accordance with the Civil Code.
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