Homeowner
If a petition to remove an HOA director is turned in to the board with the required signatures and the board does not have a special meeting or does nothing within 30 days., what happens then!
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Daniel,
As of October 30th of this year, the entire board is removed as a matter of law at midnight on the 31st day. This would apply to any special meeting to recall one or more directors where the 30 day clock expires after October 30th of this year. If the 30 day clock expired prior to October 30th of this year, then resubmit the same petition and the same signatures on November 1st, to start a new clock on November 1.
Dennis
Thank you the clarification. Our HOA is in chaos. The 2nd board member is refusing to act without legal counsel. The other is the one 1/2 of the neighborhood wants to recall. The 3rd member is pushing this forward to the best of her ability. However, the board member who isn’t being recalled is failing to take action to set up the meeting within the 30 days and now the management company who currently only handles our financials is stating we also need to involve legal counsel. Is it necessary that we involve counsel to recall?
What steps are required to recall a board member?
Daniel,
It is not necessary to involve legal counsel for the board to do anything. While it is the right of any individual or entity to request legal counsel if they wish it is never necessary for them to act. The law could not be clearer, once the board is presented a petition from the number of eligible members to call a special meeting for the purpose of recalling one or more board members, they have 30 days from the receipt of that petition to call notice and hold that meeting. Additionally, the notice must be sent out no later than 10 days prior to the meeting. If such a petition is presented to the board and the 30-day time limit expires after October 30, 2023, then a new law takes effect and if the meeting is not held by the 30th day then the entire board of directors is removed effective on midnight on the 31st day. So, if the board has not called and noticed the meeting by the 20th day after receipt of the signed petition, they are all doomed to removal. Your board has a clear choice to seek legal counsel if they like but they need to get on with it or they are all removed, and the members will get to fill all the vacant board seats with anyone they want.
The community manager has no say whatsoever in this situation. The is the board duty and if the community manager fails to act under a direct request of the board, they not only should be fired, but they could also be held liable to the damages experienced by the board based on their inaction. It is long past time when community managers should be part of the solution to help boards do the right thing and not be part of the problem.
Dennis