Recalling board members is uncommon but it does happen.
The most common reasons cited for recalling board members follow:
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Failure to develop realistic budgets leading to special
assessments |
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Failure to obtain quality reserve studies as required by law
leading to special assessments |
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If the community is fairly new, the perception that a board
member is too protective of the developer |
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Failure to hold the developer of a building less than ten years
old responsible for construction and design defects |
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Not holding the election of directors on schedule and as
required by California law |
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Not treating members of the community equally |
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Letting members of the community become delinquent in the
payment of their monthly assessments without taking appropriate
collection action |
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Allowing the common areas to physically deteriorate |
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Making costly errors because experts (including attorneys) were
not consulted when appropriate |
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Acting in a dictatorial manner |
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Failing to comply with the Davis – Stirling Act and California
Corporations Code |
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Conflicts of interest |
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Not allowing members of the association to address board
meetings as permitted under the Open Meeting Act |
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Using association funds to unfairly benefit some members over
others |
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Cancellation or non-renewal of insurance coverage due to
negligence, resulting in high cost replacement coverage |
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Please do not hesitate to call us if you
have any questions about the recall of a board director or any other legal
matter. Initial consultations are offered at no cost.
