Removal of Directors
Hello…we are looking at trying to remove our directors (residents elected) for a number of reasons. We do understand the need to collect signatures and how the process works, I believe. Our question is really the way to start. We have 5 members and know we need to recall 3 at a minimum to allow residents to vote new members. Can we put the 3 names to recall on different petitions and still conduct ONE meeting to move this forward (assumption we get enough signatures)? Or, do we need to put the 3 names on one petition to be the “legal” process? Thanks!
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Steve,
The petition is for the special meeting to consider the recall of directors. So only one petition is needed but you do have to list by name each director that you want recalled. This way once the meeting is called each director must be on the ballot for recall individually. So that everyone has to vote either for or against the recall of that individual board member.
I always advise association to have a good idea and if at all possible, a list of candidates ready to run for the board right after the recall vote. The very last thing you want to do is put new members in office that will be worse than the ones you just removed. The association only has 30 days after the recall to hold another special meeting to fill the vacancies created by the recall. Please remember when doing this that winning on a successful recall must affect a majority of the board if you are to have any say in the replacements. if only two are successfully recalled the board get to appoint the replacements without any vote from the members. You can bet they will appoint people that think like them and will support the prior board.
Dennis