Petition Percentage. Members
may request a special meeting
of the membership for the purpose of removing the entire board
or individual directors
and the election of new directors in the event the recall is successful. The petition
must be signed by 5% or more of the membership (Corp. Code §7510(e)
), meaning persons who are on title
. The low percentage can lead to abusive recall petitions which associations can take steps to limit
For stock cooperatives, the petition requirement is 10%. (Corp. Code §600(d)
Delivery of Petition.
Delivery of the properly signed
petition to the board is generally addressed in the bylaws. If not, personal delivery to any officer, director or managing agent is sufficient to put the board on notice and start the clock running on the board's duty to set a date
for the meeting. The petition may also be sent by certified mail to any officer, director or managing agent.
Setting Meeting Date.
Once a proper petition has been submitted to the board, the board must set a date
for the meeting and send notice to the membership. The board must also prepare and send ballots as provided for in Civil Code §5115(a)
. The only business that may be conducted at the special meeting is the recall of the directors and the election of new directors in the event the recall is successful. The notice of meeting
shall specify those matters the board intends to present for action by the membership.
If the governing documents provide for cumulative voting, removing individual directors
is more difficult than removing the entire board.
. For more information, see Recall Menu
: For boards needing legal assistance, contact us
. Because our law firm serves only as corporate counsel, we cannot assist individual owners with recall issues. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter