Time for legal help?
In our extremely small HOA we have had an officer resign and now only have two of three directors on the board. This is the second time this has occurred. The President claims homeowners can not help in gathering nominations, has reported lack of response in the past calls for votes on community matters, ignored formal requests for records, meetings, etc.
This officer has not stepped down from the self appointed role through multiple elections by email with unaudited results in direct violation of CC&Rs. When forced to have an in person meeting after three years, says the votes made by members in attendance don’t count as they are not recorded in the minutes.
While thinking a petition to remove would be the next best step. If meeting the threshold of 25% to hold special session, and scheduling the special meeting to vote for or against removal, does the meeting need to be called by either of the officers currently in place?
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John,
Your note has many issues. As long as a quorum still exist on the board, they can appoint anyone they want to fill the unexpired term of the vacated board position. Reasonable Records request have to be honored and answered by law and are not optional. Elections must be held annually to fill positions with expired terms. I’m not sure what you are saying relative to the board member refusing to step down? As for a recall effort you and your community are free to circulate a petition for a special meeting of the members for the purpose of voting on the recall of any board member. The petition does not accomplish the recall, the vote of the members at the meeting decides the issue. The number of signatures required for the petition depends on the size of your community but the quorum for the meeting is set by law at 20%.
Dennis