Recall Elections - Board of Directors
An inspector of elections is sometimes called upon to provide services in connection with the possible recall of a the board of directors of a homeowner association. As with all elections, the inspector of election is a neutral third party.
The information provided in this article is not intended to encourage or discourage recall elections. It is intended to summarize the process so that both sides are better informed.
The recall process usually follows these steps:
- A group of homeowners form a recall committee which agrees to call a special meeting for the purpose of recalling either the entire board or one or more individual directors.
- A petition is drafted and member signatures are obtained on the petition. The petition must be signed by 5% or more of the members except in the case of cooperatives where 10% or more is required.
- Delivery of the petition takes place. The process of delivery is addressed in the bylaws of every association.
- Once the petition has been properly delivered to the board, the board is required to set a date for the election meeting by providing notice and taking all of the steps required under the law, including the selection of an inspector of elections. The meeting date must not be more than 90 days from receiving the petition. If the notice of the meeting is not given within 20 days. The petitioners are entitled to set the date and may give notice.
- The inspector of elections that is hired will review the bylaws and election rules and will then proceed to provide all of the required services.
After a successful recall of a single board member, the board may not appoint a replacement. The replacement, if any, must be elected by the membership by the secret ballot. See: Sample Petition for Recall.
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