When to collect signatures to recall board
Dennis,
In a few weeks my HOA has an annual meeting but I know it wont happen because of a 50% quorum requirement. I want to recall the entire HOA board. Can I start gathering signatures now, and submit the recall to the HOA management company after the annual election? Or do I have to wait to collect signatures until after the annual meeting?
Thanks so much
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You can collect signatures for a special meeting but when you submit that signed petition is actually what is important. You need to think about what you are trying to do if your situation is that annual meeting cannot be held because you cannot satisfy quorum. While the quorum for the recall meeting is established by law at 20% if you are successful you will have to then have a meeting to elect the replacement board. You will find yourself with no board at all and no way to get enough people to participate to actually hold a meeting to replace the recalled board members. This is why I prepared legislation in HB-2270 to address the excessive quorum requirements in these communities. While we were not successful in getting this passed this year it will come back next year.
Dennis