Question:
I submitted a petition to recall one board member that was deemed valid by the HOA’s attorney. In the homeowner meeting, our attorney advised the board to act on the petition where they then gave a date. The board then held another meeting reversing their decision saying they thought the allegations were “meritless” despite there being much eveidence through meeting minutes, recorded meetings, etc. The ball was then in my court where I gave notice but the board was not cooperative in helping me notice homeowners. They then said they wouldn’t do the recall. After that, we sent notice requiring that if they didn’t act we would file suite and noticed them of the required ADR (alternative dispute resolution). They said they’d let us know after executive session, but didn’t and said they had a required 30 days. We just learn they won’t do ADR so we will be filing and recovering attorney fees. Is it normal for a board not to go through with a recall?
– Ashley
Answer:
Hi Ashley,
It may not be uncommon if they think the allegations are without merit, if the recall did not follow due process, or if the homeowners are abusing the low percentage required to petition for a recall.
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