Every now and then, homeowners will encounter a situation wherein an HOA board recall is necessary. It is essential to go about this process correctly, following state laws and the guidelines written within the HOA’s governing documents. Failure to do so could result in a wrongful recall, reversing the results and forcing everyone to redo the process.
What Is an HOA Board Recall?
An HOA board member recall is a process by which members of a homeowners association can remove one or more board of directors members from their positions before their terms expire. This typically mandates a formal procedure outlined in the HOA’s governing documents.
The reasons for initiating a recall can vary, but they often stem from dissatisfaction with the board members’ decisions or actions. The process usually involves gathering support from a certain percentage of homeowners to petition for a recall vote. After obtaining enough support, a special meeting may be called where members vote on whether to remove the board member in question.
If the vote is successful, the board member is removed. After that, a replacement may be appointed or elected to fill the vacancy, depending on the HOA’s governing documents. It is essential for homeowners considering a recall to familiarize themselves with the specific procedures outlined in their governing documents and to ensure compliance with legal requirements or restrictions.
Why Would an HOA Board Member Be Recalled?
Board members do not get paid to serve their association. However, that does not mean they are not expected to fulfill their duties with professionalism, transparency, and dedication. Specific actions or behaviors can trigger a recall.
The grounds for removal of HOA officers can include but are not limited to:
Failing to attend board meetings- Behaving in a disruptive or contentious manner
- Failing to disclose or intentionally entering a conflict of interest
- Acting in a self-serving way
- Stealing from the HOA or any other form of financial misdeed
In general, there are three methods for recalling HOA board members:
- With Cause. This means there is a justifiable reason behind the decision to recall a board member, such as a felony conviction.
- Without Cause. This means there need not be a specific reason for removing the board member. However, this is typically harder to pull off, requiring a majority vote from the membership.
- Court Action. In some cases, homeowners will need to take court action to recall a board member, especially if previous attempts to do so have failed.
How to Recall a Board Member
An HOA board recall is not always straightforward. Certain considerations must be made by homeowners to ensure a smooth and legal process. Here are the steps to recall HOA board members.
1. Check State Laws
Can you recall HOA board members? The first thing you must do to determine whether or not you can recall board members is to check state laws. In general, homeowners do have the ability to remove board members from their positions. However, state laws may have specific requirements and procedures for the action.
In California, Corporations Code Section 7223 outlines such guidelines. It details the removal of directors by a court, by fellow directors, and by the membership. It is important to note that California law does not permit the removal of designated and court-appointed directors. The same goes for community managers, who must be fired by the HOA board, not the membership.
2. Check Governing Documents
After state laws, the next place to check if homeowners want to recall the HOA board is the governing documents, particularly the bylaws or articles of incorporation. These documents may contain specific rules and requirements for a board recall. Since every association is different, the procedures and requirements that apply to one community may not necessarily apply to another.
3. Weigh the Consequences
Recalling an HOA board member is a serious action. Removing a director or the entire board in the middle of their term can interrupt the association’s operations, leading to additional costs, delayed projects, and deferred maintenance. As such, homeowners should only consider the action when the board or a director has violated their duties or ethical responsibilities.
4. Consider Dispute Resolution
Before jumping to an HOA board recall, homeowners should consider other means of resolving an issue. Dispute resolution is a good way to do this, whether in the form of an internal process or an alternative method that involves third-party neutrals.
5. Initiate a Recall Election
If the membership decides to push for a recall anyway, homeowners can initiate the process by starting a petition to recall the HOA board. Of course, the exact process and requirements can vary depending on state laws and the HOA’s governing documents. For instance, at least 5% of the membership must sign the petition to move forward in California.
Then comes the vote. Homeowners, including HOA board members, must vote in favor or against the recall or removal. If most members vote in favor of the recall, the board will get recalled, or the board member will be removed.
In some communities, a majority may not be necessary; instead, providing a specific percentage or two-thirds of the membership. More often than not, though, most of the membership is required.
6. Select Replacements
If the vote for an HOA board recall wins, the membership must follow up with a new election to replace the ousted board members. The names of new candidates should appear on the ballot. Remember that recalled board members may choose to run again in this instance, depending on state laws and the HOA’s governing documents. Homeowners will then cast their votes for the replacement/s.
It is essential to replace the removed board members with new ones. Leaving the seats open could hinder the association’s operations and push back a significant amount of HOA business. Many associations struggle to find homeowners willing to volunteer, resulting in a small pool of potential candidates. For this reason, it is best to consider a recall or removal as a last resort.
Pick Board Members Wisely
An HOA board recall serves as a tool for homeowners to remove ineffective or unethical directors. Unfortunately, not everyone is cut out to fulfill a leadership role. As such, to avoid the headaches involved in a recall election, homeowners should vote wisely from the get-go and choose candidates who are qualified to serve.
Cedar Management Group assists homeowners associations and condominiums, including help with recall elections. Call us today at (877) 252-3327 or contact us online to learn more!
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