Board Recall
Good Morning Dennis,
My Community is going through the recall process, trying to remove 4 directors from our 7 member board. We expected the Special Meeting notice to be sent to the community yesterday but didn’t receive anything. I’d like to know if we misinterpreted the process. This is how we understand it…. on January 17, 2023, the signed petition was hand-delivered to our Property Manager’s office, so the 30-day clock would begin. There is a 10-day notice for a Special Meeting, meaning we should have had a meeting set by February 6, 2023, to stay within the 30-day timeframe. Is this correct? What do you think we could do if no meeting date is set? Are there any enforceable consequences for ignoring the law?
Thank you!
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Priscilla
I believe that I’ve answered your question via direct e-mail. The law is clear and starts the clock upon receipt of the petition. The board based on advice of their attorneys only to start that clock once they validate the signatures on the petition as valid and eligible voters. Nothing in law allows them to delay this timing, 30 days from receipt of the petition. To hold the association accountable to the law your would either need to sue them in Superior court of file a petition to ADRE and allow an Administrative law judge to force them to comply with the law. There was a bill introduced this session that would have allowed the homeowners themselves to call the meeting of the members if the association failed to comply with the law, but that bill was never heard in committee prior to the deadline and is dead for this session.
Dennis