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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,
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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,
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,
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,
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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.
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