What is the procedure for calling a recall election in an HOA?

In California, the procedure for calling a recall election in a Homeowners Association (HOA) is laid out in the California Davis-Stirling Common Interest Development Act including Civil Code Section 1363. The process begins if one or more members of the association file a petition with the HOA that states the purpose of the recall, the type of recall, and the office being recalled. The petition must also be signed by at least 20 percent of the members of the association. Once the petition is filed, the board of directors must then determine whether the petition is signed by enough members. If the petition is found to be valid, the board must call a special meeting of the members within 45 days. At this meeting, the members will vote on whether to recall the officers in question. If the vote is successful, the board must then call a special recall election within 60 days of the special meeting. During the election, all members in the association will have the opportunity to vote for the replacement officer. The new officer is elected by a majority of the votes cast. Once the election is complete, the board must then certify the results of the election and appoint the new officer or officers. The recall is complete after the officer has taken the oath of office. The recall is only successful if the officer is replaced.

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