Most Common Reasons Board Members are Recalled


Recalling board members is uncommon but it does happen. The most common reasons cited for recalling board members follow:


Failure to develop realistic budgets leading to special assessments
   
Failure to obtain quality reserve studies as required by law leading to special assessments
   
If the community is fairly new, the perception that a board member is too protective of the developer
   
Failure to hold the developer of a building less than ten years old responsible for construction and design defects
   
Not holding the election of directors on schedule and as required by California law
   
Not treating members of the community equally
Letting members of the community become delinquent in the payment of their monthly assessments without taking appropriate collection action
   
Allowing the common areas to physically deteriorate
   
Making costly errors because experts (including attorneys) were not consulted when appropriate
   
Acting in a dictatorial manner
   
Failing to comply with the Davis - Stirling Act and California Corporations Code
   
Conflicts of interest
   
Not allowing members of the association to address board meetings as permitted under the Open Meeting Act
   
Using association funds to unfairly benefit some members over others
   
Cancellation or non-renewal of insurance coverage due to negligence, resulting in high cost replacement coverage
   

 

 

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.

 

 

 

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