Legal Question in Business Law in California
Votes needed to remove a director from a board
Need an interpretation on how many votes are required to recall a director/officer from a board. The individual was never elected to the board having lost an election, but later appointed to the board to fill a vacancy. When the president resigned she was voted by a board majority to fill the term. We now have a president of the board that has never been elected by the homeowners. We have filed a petition to remove the person but need an interpretation on how many homeowners votes are needed.
3 Answers from Attorneys
Re: Votes needed to remove a director from a board
Review the organization bylaws to determine all such issues. If you need legal help doing so, or in taking action, feel free to contact me.
Re: Votes needed to remove a director from a board
There is no set answer, you need to examine the governing documents for your homeowner's association. These can be bylaws and CC&Rs.
Feel free to email for a more detailed discussion about your particular situation
Re: Votes needed to remove a director from a board
Typically, an appointed Board member can only remain on the Board to serve out the term of the person they replaced. Being elected President by the Board only changes their officer designation, not their term. With respect to recall, most recall elections our firm has handled for clients required a three step process. (1) A valid recall petition signed by a required number of homeowners (as outlined by the CC&R's); (2) then an actual recall election is held,typically CC&R's require a voting quorum (this varies based on the CC&R's) and then a simple majority of those voting. (3) A new election is held to fill the seat of the member recalled.
If you would like us to review your CC&R's and by-laws and walk you through the process, feel free to contact me.
Yours truly,
Bryan
619.400.4929
877.20.8728
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