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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11627
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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need a petition layout out of what is needed for recalling

Resolved Question:

need a petition layout out of what is needed for recalling an entire hoa board and installing a new one at the same time that is legal.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX I will be assisting you. If I have not Answered your question, please let me know and I will be glad to explain further

 

 

If you and the other homeowners want to remove the Board, it must be done by holding a Special Meeting, not by Petition.

 

You would give all the homeowners notice of the Special Meeting which would include all of the following:

 

1. Date, time, and location of the Special Meeting

 

2. Purpose of the Special Meeting (To remove Board and hold elections for new Board)

 

3. Agenda - Removal of Board and election of new Board (In these situations, the only issues which can be discussed at a Special Meeting is the issues listed on the Agenda which is enclosed with the Notice of Special Meeting)

 

4. In paragraph form, the exact language which will be presented to the homeowners for their vote,

 

The By-Laws will tell you how much advance notice must be given for a Special Meeting and how many members must attend in order to constitute a quorum. You must check your By-Laws because this is not set by law, but rather, by the By-Laws for each specific HOA,

 

________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11627
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Do we or the board have the right to call the meeting and do we need 5% of the members to sign it?

Or do we just call the meeting with the right notice time frame?

Do we need to name the board members?

Don B
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Don, Thank you for your follow up question and the opportunity to explain further,

 

 

Any homeowner has the right to call a Special Meeting, and there is nothing to sign. Generally, what happens is the homeowners with similar interests usually talk among themselves and decide that a Special Meeting is in order to correct a problem.

 

And, yes, you just call a Special Meeting with the Notice I referred to in my previous Answer and include the information I listed.

 

There is no need to name any Board member. The purpose and the Agenda which is included in the Notice of Special Meeting states that it will be for the purpose of removing the present Board and to elect a new Board of Directors,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 1 year ago.
Under which statute can I reference this information in case I need to when we undergo this action? I appreciate any assistance as this has been a difficult process

Thanks don b
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Don,

 

The Davis-Stirling Common Interest Development Act (the "ACT") enacted by the California State Legislature in 1985 is the name of that part of the California Civil Code beginning at § 1350 which governs condominium, cooperative, and planned unit development communities in California.

 

Please click on the link below to access the California Civil Code, starting with §1350,

 

http://law.onecle.com/california/civil/1350.html

 

Because HOA's, condominiums, and planned unit developments overlap, they are all under the Act.

 

However, most of what you will need should be in your By-Laws,

 

Please do not forget to leave a positive rating so that I can receive credit for researching your question, otherwise I will not receive any credit for my time and effort,

 

_________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Customer: replied 1 year ago.
The fallowing is in the bylaws ,so do we need the 5% signed on with the meeting request?

Section 3. Special Meetings.
(a) Persons Entitled to Call Special Meetings. A majority of the Board, the president or five percent (5%) or more of the Members may call special meetings of the Members at any time to consider any lawful business of the Association.
ASPOA RESTATED BYLAWS 5 REV. JULY 15, 1998

This will be my last question thanks
Expert:  Andrea, Esq. replied 1 year ago.

That is correct, your By-Laws only require 5% of the members to call a Special Meeting.

 

 

Also, look at your By-Laws to see how many members must be in attendance which will constitute a quorum, and also, how many votes are required to pass a measure.

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Expert:  Andrea, Esq. replied 1 year ago.

Good evening, Don, I see that you have had the opportunity to review my Answers. Is there anything on which you would like further clarification ? If not, please be kind enough to give a positive rating so that I can receive credit for researching your questions and furnishing you with Answers. It will not cost you anything additional, but it is necessary in order that I receive credit for assisting you. Thank you for understanding,

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

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