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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117371
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Recall notice was delivered to recall the “Whole Board”. Now

Customer Question

Customer: ***** *****,recall notice was delivered to recall the “Whole Board”. Now it appear
JA: Thanks. Can you give me any more details about your issue?
Customer: The Board is tring to stop the recall. They received the notice in the prescribed time, however, they want to delay/stop it. The current landscape company is terrible, however they are trying to keep their position. They have almost exhausted all the money to avoid being fired. The President is the most fouled mouth, egotistical maniac perpetuating this culture to protect his failing kingdom. We work off a delegate based format and I hold the voted to remove or retain this circus of a Board. 2/18/16 is their scheduled final day. Is there anything I can do to ensure a transparent removal of a circus Board, not this is the 3rd recall in the past 6 years. We have a solid, qualified board to clean up their mess.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: sure
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the notice was filed and served in proper time in accordance with the bylaws, then they have to comply with that recall process. If they refuse to do so, the members would have to file a petition for declaratory judgment, which is a lawsuit asking the court to order the association to comply and have the recall vote as proscribed. That is the only way to remove them if they refuse to go.