Less than sixty days before our annual meeting a group of homeowners
submitted a petition to recall the existing board. As required by statute,
the board gave notice of a special meeting. It will take place a month
after the annual meeting. Under the circumstances, what is the effect of
: In my opinion, it's voided by the intervening election. Recall petitions submitted close to an annual meeting are ill-conceived. If a recall is held prior to the annual meeting and is
successful, the new directors only fill the remaining terms of the ones
they replaced. That means they may be up for reelection in thirty days.
If the recall is scheduled to follow the annual meeting (as you
described), the petition is no longer valid. The board for which the
petition was submitted no longer exists. Even if the same directors are
elected, it's a new board with new terms in office. If the petitioners
want to recall the newly elected board, they need to submit a new
petition (and then explain why members should recall the board they just
elected). The petitioners' rights are in not impaired since the petition
requirements are so low they are easily met with a new petition if
members really want to recall the newly elected board.
: To avoid these kinds of situations, associations should amend their election rules to put reasonable limits
on recall petitions.
: Associations needing legal assistance can contact us
To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter