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PETITION TO RECALL DIRECTORS

Petition Percentage. Members 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.

Stock Cooperatives. 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).

Meeting Agenda. 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.

Cumulative Voting. If the governing documents provide for cumulative voting, removing individual directors is more difficult than removing the entire board.

More Information. For more information, see Recall Menu.

ASSISTANCE: 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.

Adams Stirling PLC