AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.
azhoatruth@gmail.com
Login

Procedures for recall of 3 out of 5 HOA Board Members

I have been asked by a number of members of my HOA community to spearhead a recall ballot for 3 of our HOA Board members. Can all 3 be recalled on a single ballot or does each of them require a separate ballot? I was able to find a specific reference to this in California law that states each person requires a separate ballot but could not find a similar statement that applies in Arizona.

Thank you for your help!

8 Responses

  1. Dennis Legere

    Richard,
    While we have no statute that addresses that specific question. everything that comes before the members must allow the member to vote for or against the issue. A recall for multiple board members can include the removal of multiple board members on the same ballot but each individual board member must be identified by name and an opportunity to approve or reject the recall of that board member. in practical terms your ballot would have three names on it with a recall yes or no check box next to each name. It is essential that the petition for the special meeting of the members to hold this vote must identify each board member by name for this to happen. You do not want to get a ballot with a single action to remove all three. Anyone wanting to keep one of the board members must then vote to keep all three.
    Dennis

  2. Dennis Legere

    Richard a couple more things, Do not take this recall effort for granted. it takes dedicated effort by a group of home owner to work. Keep the petition simple and straight to the point. Requesting a special meeting of the members for the purpose of recalling board members X, Y, and Z. You do not need a reason or to go into details why you believe that this is necessary on the petition. Do that in your face to face interactions with your community members. Based on a new law i introduced and got passed by the legislature and governor you are now allowed to hold informal meeting of the members to discuss and organize community issues like this recall. You are also allowed to post signs in support of the recall on your property and the association cannot stop you. You are also allowed to post notices of your informal meetings on any association bulletin board. You will need 25% of the voting members of the community to sign the petition. They must be the owner of record for their units or homes. Make sure that you collect more than the minimum required number of signatures. Most importantly you need to understand that if you are successful and you remove a majority of the board that a special election will have to be called 30 days after the recall vote to elect a new board. Get candidates lined up to run for those positions that will address the concerns with your community and not simply repeat the problems created by the past board. There is nothing more devastating to a community to recall a board only to find that the new board is as bad as the old one. For the recall to be successful the community has to vote i had one community that got the 25% signatures on the petition but lost the recall because half the people that signed the petition did not vote on the matter. You only get one chance on this, and it must be successful, or you can be assured that the leaders of the recall effort will be targeted for retaliation by the retained board.
    Dennis

    1. Cynthia Black

      Is this true for a petition for *any* Special Meeting regarding an issue of homeowner interest? For example, to investigate if claims being made by a board against homeowners or management companies are based in fact or speculation?

      “Based on a new law i introduced and got passed by the legislature and governor you are now allowed to hold informal meeting of the members to discuss and organize community issues like this recall. You are also allowed to post signs in support of the recall on your property and the association cannot stop you. You are also allowed to post notices of your informal meetings on any association bulletin board. You will need 25% of the voting members of the community to sign the petition.”

  3. Dennis Legere

    Cynthia,

    I’m not exactly sure what you mean relative to your example, but the law addresses any informal meetings of the members to discuss community issues. The meeting portion of the law is not related to formal meetings of the members to decide issues and elect board members. So, if you wanted to discuss the legitimacy of violations i general between several homeowners you can do that, but you have no power to change anything that the board did. If you wanted to discuss enforcement issues with the board, you would have to address that at a formal board meeting, under their rules for that meeting.
    Dennis

    1. Cynthia Black

      Thank you for your reply. I see that I could have been more specific.

      In reply to Richard, in part you wrote: “You are also allowed to post signs in support of the recall on your property and the association cannot stop you. You are also allowed to post notices of your informal meetings on any association bulletin board.”

      I would like to call a Special Meeting. I do not have access to the addresses of homeowners and if I did a mailing would be very expensive.

      To get the news that a petition is being offered and a Special Meeting called I would need to do at least one of the following:

      1) Place “notices”– in other words “signs” on my own property or that of others in favor of the meeting. Can a “Sign” be a “Notice” alerting passers-by when and where a meeting to discuss is being held or contact information?

      2) Our bulletin boards are not open to the public I know they are locked specifically so homeowners can’t use them!s I would have to tape a notice over the plastic cover– would that be considered noticing on the bulletin board and therefore protected?

      3) Put flyers on the doors of every unit, not knowing if the reader would be a homeowner. CC&R’s have “No Soliciting” policy.

      1. Dennis Legere

        Cynthia,
        If you are looking to circulate a petition to hold a special meeting of the members to recall board members you cannot post signs on your property to simply ask people to sign the petition. Once you get the required number of signatures and the special meeting is called then you can post sign in support of the recall effort. You can hold informal meetings of the members to discuss this recall vote and to gather signatures and you are allowed to post notices of those meeting on community bulletin board. Because yours’s locked you simply need to have the association post them on your bulletin boards, they cannot stop you from doing that if they refuse, they violate the law. You can also go door to door if you like you are not soliciting anything you are organizing your community.
        Dennis

        1. Cynthia Black

          Thank you for this, I now understand its use better: “You can hold informal meetings of the members to discuss this recall vote and to gather signatures and you are allowed to post notices of those meetings on community bulletin board.”

          Along similar lines in terms of noticing and signs but not for a Special Meeting. Let’s say inviting owners to community meetings for HOA board candidates meet-and-greet, or to hear a speaker on 2168, or any issues related to known community issues, the same would be true, yes?

Leave a Reply