VOTING AND ELECTIONS

RECALLS
Does the language set forth within a member's recall petition (when that petition is signed by at least 5 percent of the members) control how the association/board holds the member vote (i.e., when the polls close, etc)?

No. The meeting is operated by the corporation and the corporation's decisions are generally made by the board of directors subject to certain limitations. The main limitations are that if the board fails to send notice of the special meeting within 20 days, those submitting the petition may do so under Corporations Code §7511. That section also says that the “meeting” to vote on the petition must be held between 35 and 90 days but that law was enacted before the association election laws at §1363.03 which say the recall vote must occur by secret ballot with a minimum 30-day voting period. The statutes are not clear on whether that means the ballot must be distributed between 35 and 60 days or 35 and 90 days from receipt of the petition. Under the election law and an association's voting and election rules, the inspector of elections will determine when the polls will close and similar matters.

If members seek a petition to recall the board, must a concurrent election be held to replace the directors if the recall succeeds?

No law requires this but if a director is recalled, he/she is, as of the conclusion of the ballot count, no longer on the board. Some bylaws say that only the members (not the board) can select a director to serve out the term of the removed director in which case holding the election the same night as the recall makes sense. Also, if the entire board is removed, unless the election of a new board occurs concurrently the result of a successful recall would be to have no board at all.