Term of Replacement Board
When a board or any individual director is recalled by the membership, the term of office of the replacement directors is limited to the remaining term of the directors they replaced.
In Samii v La Villa Grande HOA, candidates were elected to one year terms in August 2007. In April 2008 the entire board was recalled and in June 2008 replacement directors were elected to serve the remaining two months of the recalled directors’ terms. However, the new board refused to hold the regularly scheduled annual election, arguing that they should serve until July 2009.
In its unpublished decision, the Court of Appeal held that if an association refuses to hold an election as required by the governing documents, any association member can file a petition in Superior Court seeking a summary order that the election be
held as authorized by Corp. Code §7510(c).