DavisStirlingAttorneys.net

 
 











 

Most Common Reasons Board Members are Recalled

Home Page

 

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.