Each Condominium has it's own set of rules and regulations, but the recall process is controlled thru State Law, we ask that you consult an experienced Association Attorney for the correct process on handling a recall of the Board of Directors. It is a difficult task and time consuming, but if done right, your current Board can be removed. Here are some simple tips:
To recall and replace board members listed on the recall agreement, please follow the steps below:
(1) In Block A on the attached form, place a check mark on the "RECALL" line next to the name of each board member you wish to recall and remove from the board. Place a check mark next to the board member's name on the "RETAIN" line if you are voting for the board member to remain on the board.
(2) Place a check mark next to the names of the candidates in Block B who you wish to replace the recalled board members OR you may write in your own choices. DO NOT VOTE FOR MORE THAN A TOTAL OF THE NUMBER OF DIRECTORS SOUGHT TO BE RECALLED. This includes voting for persons listed, write in votes, or a combination. The ballot for replacement board members in Block B should be included and filled in on the written agreement only if a majority or more of the board members are sought to be recalled. Where a majority or more of the board members are recalled, the owners have the right to name replacement board members. If less than a majority of the board is recalled, the remaining board members have the right to appoint replacements.
(3) In Block C, print your name and unit number in the space designated. Sign the agreement in the space designated. This will affirm that you are authorized to cast the vote, in the manner required by the documents. If your unit is owned by more than one person, your documents may require that a voting certificate be filed with the association designating which owner has the authority to cast votes on behalf of the unit. If your documents require a voting certificate and one has not been filled out and delivered to the association, your vote may be rejected.
(4) Important Note: To ensure that your signature is official, you may optionally have someone else sign as a witness. This is not necessary in order for your ballot to be acceptable, but it is highly recommended, should someone dispute the authenticity of your signature or this ballot.
Return the executed agreement to the unit owners' representative named in the agreement in Block C.
Here are a few hints that you don't necessarily find in the guidelines:
1.) You can't pre-mark the check boxes. 2.) Compare owners who sign with property appraiser’s list. Only deeded owners may sign! 3.) When collecting signatures, always go in pairs, so there is a witness of what has been said and who signed! 4.) Remove majority of board in order to have a say in replacements.
5.) Never allow the originals of the recall petitions out of your hand, if not demanded by the arbitrator.
6.) Hire process server to serve COPIES of petition to president or secretary!
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