HOA Board Recall
HOA Board Recall
When your HOA faces a recall of a Board Member or an entire HOA Board, HOA Election Inspectors
can assist you with your recall election pursuant to California Code 7511(c) once you have met the requirements outlined in Corporations Code § 7501(e) and 7511(a).
Recall elections of individual Board members or the entire Board can be a source of great contention, divide, and added expense for HOA’s.
Since SB 323 became law, some of the Civil Code sections associated with HOA elections now conflict with those of the Corporations Code in the context of recall elections.
Civil Code Section 5100(a)(1) states, “Notwithstanding any other law or provision of the governing documents, elections . . . legally requiring a vote, election and removal of directors . . . shall be held by secret ballot in accordance with the procedures set forth in this article.”
This means that elections to remove/recall directors and to elect replacement Directors must comply with Civil Code Section 5100 et seq, which was amended via the passage of SB 323.
When there is a conflict between the Corporations Code and the Civil Code regarding mandated timelines and related notice deadlines for a recall election, Boards must follow the timelines proscribed in the Civil Code.
Pursuant to Civil Code Section 5100(e), “(i)n the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3(commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to election [which includes Corp. Code Section 7511], the provisions of this article shall prevail.”
NON-ATTORNEY DISCLOSURE: HOA Election Inspectors is not a law firm nor are any of its employees. We are not lawyers and cannot give legal advice. We can not represent you in court. We can provide document preparation services at your direction. Services provided by HOA Election Inspectors are not a substitute for the advice of a lawyer. If you have any legal questions, you should seek the advice of an attorney who is an active member of the California State Bar.
