The HOA Board Quarterly Fall 2014 Issue #11 | Page 12

ABUSIVE RECALL ELECTIONS
QUESTION: Our board is proposing election rules that prohibit more than one recall
per year. What is your opinion?
ANSWER: It makes sense. There are dysfunctional elements in some associations
that launch recall after recall to torment boards. They hover over each ballot count
with another recall petition in hand in case the board survives their recall. The
petitioners will force three or four recalls in a row to wear down directors to get
them to quit.
Disruptive. This little band of crazies does not care that they disrupt operations and burden the membership
with needless expenses. It is not unusual for them to become abusive with vendors and staff, make repeated
demands for records inspections, and threaten lawsuits in an effort to coerce people into giving them what they
want.
Reasonable Restrictions. Such behavior need not be tolerated. Associations can adopt election rules to deal
with serial recalls. Because neither the Davis-Stirling Act nor the Corporations Code address this issue, we can
turn to California’s Elections Code for guidance. California puts the following restrictions on recalls:
Recalls may not be started against an officer of a city, county, special district, school district, community college
district, or county board of education if: (a) the officer has not held office during the current term for more than
90 days; (b) a recall election has been determined in the officer’s favor within the last six months; (c) the officer’s
term ends within six months or less. (Ele