HOA Board Recall Questions
Hello, we are in the process of initiating a recall of of 6 out of 9 board members for mismanagement and leading our association into a financial crisis. We have a community of 4,995 and have collected over 1200 signatures (more than double what we need to meet the 10%). We have not submitted the petition yet and want to clarify some questions before we do:
1. Can the Board or Executive Director use HOA resources such as a weekly email blast and newsletter to only post their position about opposing the recall without giving us equal time/space to use those some resources to put forth our position?
2. Can the HOA require in-person only voting for the recall? Or in-person and mail-in ballots only? Our elections for the past decade or so have been done using electronic voting and we are hoping that they will be required to allow for the same voting mechanism that they do for our annual elections.
3. Is it legal for the Board to communicate to homeowners NOT to vote so that they have a better chance at defeating the recall but not achieving the quorum needed (20%) instead of by actually winning the vote?
4. If they do a mail-in ballot, is it legal for us to go around the neighborhood and pick up the ballots for anyone who has accessibility issues and drop it off at the office for them?
Thank you in advance!
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Holly,
You can be assured that your board will use any and all resources available to them to discredit the core team for this recall effort, but your impressive list of petition signatures is a true testament to the extent of dissatisfaction in the community. The issue to what all your questions is not what is illegal but rather what the association can get away with. There is nothing legal or right about the board using all the tactics that you described. The problem is the law does not address these efforts to quash free and fair elections in these communities or even the fundamental protections of free speech. There is a large difference between what a board can do and can get away with doing and what a board should do for their community.
Please reach out by my e-mail and I’ll set up a zoom meeting with your core team to answer any questions and provide you tips that have been successful in many other communities like your to recall the board.
They absolutely will use e-mail blast to discredit your efforts, Voting must be in person and by absentee ballots. While many communities like yours (large) have converted to the use of on-line voting, that is in fact illegal for these communities. Irrespective of that fact if the association uses on-line voting pursuant to the non-profit corporation act they must still allow any voter to vote by paper ballot in person or by sending in an absentee ballot. Absentee ballots may be transmitted by regular mail and by e-mail or fax. So while on-line voting usually gathers more votes the ability to scan and e-mail any ballots from out of state residents will eliminate the time associated with snail mail.
There have been some very important changes to the statutes in the last few years affecting these recall efforts that you all need to understand and can be used to counter the advantage the association has with e-mail blast. I need to go over all of them with your team.
Finally, because you are looking to recall more than a majority of the board you have to have acceptable qualified candidates available now to be willing to run for those vacant seats if your are successful with the recall. Once the petition is submitted the association has 30 days to call, notice and hold the special meeting of the members. If they fail to do that the entire board is removed by act of law at midnight on the 31’s day. If the recall is successful, the association then has 30 days to call notice and hold another special meeting to elect the replacement board members to fill the vacancies for the remainder of the terms for the recalled board members.
Please allow me to help your team be successful.
Dennis
Thank you, Dennis! I have sent you an email.