Recalled Director Nominees
. As long as they meet the qualifications
of a director, persons recalled from the board may nominate
themselves in advance of the recall and run for open seats in the event the recall is successful. Members cannot permanently remove
directors from the board.
Prohibiting Recalled Directors.
Associations can amend their bylaws to require recalled directors to remain off the board for a specified period of time. Such a restriction, however, could have unintended consequences:
. Sometimes apathy and misinformation can result in good directors being recalled by a small number of owners with personal agendas. Once the recall occurs, the membership may discover that the new directors are worse than the recalled directors. If bylaws imposed restrictions on recalled directors, it would prevent the membership from putting the good directors back on the board.
2. Cumulative Voting
. Another problem with the prohibition is that HOAs with cumulative voting
sometimes need to recall an entire board to remove one bad director. Restricting recalled directors would make good directors ineligible along with the actual target of the recall.
. Associations needing legal assistance can contact us
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