How To Recall Your HOA Board

Thinking of recalling your HOA board or a specific director(s)?  Getting the 5% of the required “membership” signatures was the easy part. Finding information on how to do it properly and knowing what could go wrong was the hard part.  This article is specific to California, but some of the strategies still apply. My apologies for the length of this article, but it’s important that you consider everything before proceeding.  I highly suggest that you read Condo Guru’s article, “Recall – A Blessing or a Curse.” The thing that is most problematic about getting a recall to go through is just receiving the quorum of 50% plus one majority to validate the recall election results. Although some HOA’s with over 50 members can have a reduced quorum for their annual elections in their bylaws, this unlikely applies to recall elections. Recalling a board member or a board is a long process and takes minimally 35 days just to remove, but at least 90 days if the director(s) is removed at the same time a new director is elected. Please keep in mind that I will not be covering cumulative voting rules as most HOAs follow the guidelines below.

I just stumbled across a website I’ve never noticed, but they site the most common reasons for boards to be recalled.

My recall experience was a nightmare as our board decided that it was their “fiduciary duty” to not follow the law and instead not spend the money on the recall as there was a vocal group of homeowners against it. Several attorney letters later and a formal legal complaint (lawsuit) delivered but not filed, the board finally decided to hold the legally required recall election. It is interesting how there is very little information out there about HOA recalls other than what you find from the point of view of HOA management or law firms that defend HOA boards and their directors. Despite being dragged through the mud and then some, here are a few things that I learned along the way that I hope to share with desperate homeowners.

STEP 1: Exhaust all other options

1. Find like-minded homeowners and form an unofficial coalition.
2. Expose what’s wrong through letter writing, requesting documents, speaking up at meetings and requesting the membership email list to send out homeowners information that they should be concerned about. Make it short, factual, provide evidence and don’t be emotional or too colorful in your language. Be polite.
3. If it is just one issue that needs to be addressed, consider getting a petition signed to hold a special meeting but keep in mind that your board will be running it.
4. Consider warning the board that you are considering the nuclear recall option.

 STEP 2: Logistics

1. Should you recall several directors or the entire board?  I thought it would be easier to recall one director, but the other four directors stuck by her.  Although they legally cannot do this, it would have been better for me to recall the entire board.  Might be more difficult going up against an entire board that will rally behind each other and keep in mind that they “control the narrative” through the board packets, email blasts and newsletter.  They will gaslight you and say they are the credible ones.
2. Make sure you have candidate(s) committed to fill the recalled positions.  Suggest that the recall petitioner and the candidates be different.
3. Create the recall petition.  It must clearly state the purpose of the petition which is “special meeting request to remove named director(s) or the entire board. I suggest also including the violations of the bylaws and reference any attachments.  I also wrote up a “Statement of Reasons” which referenced the petition’s violation and wrote up the facts and included the relevant statutory authority and the supporters’ opinion. To receive my template, please subscribe to my YouTube page www.youtube.com/@HOAwatchers and email me at [email protected].  Suggest referring to https://www.davis-stirling.com/HOME/M/Membership-Petitions.
4. Suggest a “single ballot election” which would remove the director and replace them with a new director on the same ballot.  Although this is somewhat confusing, it does shorten the recall process.  Otherwise, you hold one election to remove a director and then a separate election at least 90 days later to elect a new director.  To better understand the timelines for the different types of elections, check out Pro Election’s website. 

5. Get as many signatures as possible!!!  I got more than the 5% of required signatures*, but the Board and their supporters criticized the cost of a recall election when I had just 38 (33 validated) of the  30 required for 5% of 590 homeowners.

6.  People might not want to sign but support you!  Keep in mind that a lot of people will not want their name and signature out there as being one of the people that wanted to oust them.  Unfortunately, there are not any privacy protections.  My board made a big deal about broadcasting the names of these homeowners and even encouraged other homeowners to go into the clubhouse and inspect the original petition.  People are rightfully worried about retaliation.  Tell them you understand them not wanting to sign and ask them to support you when they receive their recall ballot.

7. Prepare yourself for drama.  We had people getting up in meetings saying how hard this person worked, how mean it was to do a recall, and that this was “just a small group of homeowners.”
8. The board will say the recall is costing homeowners money, but make sure that you get in front of it and tell people why not doing the recall will cost them more money

STEP 3: Campaign and marketing

Just like an annual election, make sure that you do your campaigning.

1. Create postcards and posters.
2. Reach out to absentee owners and landlords with a personalized letter. Even ask renters to ask their landlord to support it in an effort to keep dues and their rent lower.
3. Use door hangers to promote a date and time that the candidate will be there to address homeowners concerns. For our 590 homes, we have seven zones where we held “alley chats.”
4. Use the “move in” report or even look at recent sales on Zillow to find out which homes were recently sold. New homeowners are generally not as biased and more open to hearing your concerns.
5. Keep the campaign positive!
6. Petitioners might need to take a backseat as many homeowners see recalls as distasteful and mean-hearted. Let the new candidate(s) shine as being so much better than keeping the incumbent in power.

* Electronic or typed signatures are not acceptable, the signatures must be original. (Calif. Code of Reg. 20930(a)(1).) Copied forms can be used provided they contain original signatures. (Calif. Code of Reg. 20920(b)(5).

DISCLOSURE: This article contains opinions and is provided for information purposes only and does not constitute financial or legal advice. The author is not a certified homeowner association professional and speaks only from personal experience and opinions. Advise readers to do their own research and make their own conclusions. The author is not an attorney. Do your own due diligence and consider getting the advice of an attorney that specializes in representing homeowners against HOAs.