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What is the Process for a Recall?

  • The Recall process begins when at least 5% of homeowners sign and submit a petition to the Board requesting a special meeting for a Recall.
  • The Board then has 20 days within which to set the date for the Recall vote and send notice to homeowners of the date. The Recall date itself must be not less than 35 nor more than 150 days from the date the Board received the petition. Corp. Code §7511(c).
  • If the Board does not act within 20 days as required, the petitioners themselves can give notice of the Recall vote. Corp. Code §7511(a). The notice must adhere to the timing requirements described below.
  • If a vote to replace the recalled board members is happening on the same ballot, the date of the Recall vote must be at least 90 days in the future to allow time for the Call for Nominations, Pre-Ballot Notice and Ballot mailings (which must adhere to the secret ballot process described in Civil Code §5115).
  • If the vote is just for a Recall, the Recall date must be at least 60 days in the future to allow time for the Pre-Ballot Notice and Ballot mailings. Civil Code §5115(b).
  • Note: If an association has fewer than 50 members, removal must be approved by a majority of all members. Corp. Code §7222, Corp. Code §5033. If an association has 50 or more members, removal must be approved by a majority of votes cast, once a quorum is met. Corp. Code §7222, Corp. Code §5034.

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