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.