Condo Association Management Blog

When requesting a recall of a governing board 9or board member), there are specific procedures to be followed which can be found in the association’s governing documents. Typically the process involves submitting a petition signed by a predetermined percentage of ownership addressed to the Board Secretary requesting a special meeting of the membership for a specific purpose. This purpose should be clearly stated in the request for the meeting. It will then be up to the Board to call for such a meeting providing all owners the opportunity to participate. Usually when recalling a board (or a board member) the governing docs provide an opportunity for defending the request before a vote is called (part of the due process). Also recommend you send the petition notice to the association’s legal counsel. It’s important to follow the protocol outlined in the governing documents. If you miss a step, the efforts can be null and void.

I agree with what Edward Frank said, and have one comment. Our governing documents allow a Board member to be removed at any regular meeting or special meeting called for that purpose. So when he removed Board members we did it at a regular meeting. But all Association's are different, so read what your documents say.

Why did you decide to recall your HOA board?

The big problem with hoas and condos is the great difficulty to gain access to the financial books and records run by essentially amateurs. Sadly owners will have to resort to costly legal actions in most cases against those who will use owners dollars against. 
 
There are usually no laws requiring this type of housing to confirm even if they have the required records/for a certain number of years complete and available. There are no penalties in the law for violators of the acts governing theset types of organizations. 
 
Therefore, there is little incentive for them to obey the laws of governance, since they can obviously outspend most owners in litigation. 
 
You will continue to be legally discriminated against in home owner ship rights; that individual home ownere enjoy. Good fortune in your persuits; and consider trying to change laws that aloow the debacle of abuse to continue unabated.

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I have a related problem (in a 4 unit association located in NJ)--we recently removed/replaced our president. However she refuses to turn over the association's records (she also acted as our treasurer. Part of the reason is that she is years in arrears on her own dues. So far I haven't been able to find the appropriate portion of NJ Condo Law that applies. Any help?