Adams Stirling PLC


QUESTION: Can a membership petition force the board to place a measure on the annual ballot? The petition in mind is a recommendation to the board to remove our manager.

ANSWER: No, the petition would be invalid. Managers, whether employees of the association or management company employees working onsite, are not subject to firing by the membership. Such matters fall under the authority of the board of directors. If they are unhappy with management, members ultimately have recourse by electing directors who agree with their position.

Allowable Petition. If members want to circulate a petition that does nothing more than recommend termination of the manager, they may do so. The petition cannot call for a special meeting or a vote but it can express the signers' unhappiness and their recommendation. The petition can then be submitted to the board for its consideration. The board is not obligated to follow the petitioners' recommendations but may if the board believes there is sufficient basis for doing so.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC