Question:
What is the “proper” way to submit a petition to the BOD (of which I am a member), regarding the removal of directors. This is really a dystopian situation with the management co. involved. A majority of unit owners have signed, including several with prior BOD experience.
If the best answer is at the next meeting, please reply by March 24th.
Thanks in advance,
– David
Answer:
Hi David,
Civil Code Section 5100 states that removal of board members requires a vote of the membership using double-envelope secret ballots. To initiate this process, a special meeting may be initiated by at least 5% of the members and this petition must be submitted to the board (Corporations Code Section 7510).
The petition must clearly state that it seeks a special meeting for the purpose of removing one or more directors. It should include the names and addresses of the signing members and the specific directors targeted for removal. Once received, the board must set a special meeting date within 20 days and hold it within 90 days of receipt.
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