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question iconOur HOA has to go, lots of reasons but the issue is the recall process. There are 343 units in our complex. We were initially told we needed 205 signatures on our petition to get the recall. And told the secretary of the board would need to validate the signatures (that seems odd being the board is being recalled but they validate?) We were also told that a)whatever we had on the top of the petition would be on the proxies that would be sent out, as well as all of us willing to step in and take over the positions (should the recall succeed). We were up to about 110 signatures when I got an email stating we actually only needed 69. woo hoo. So we took the petition to the management company and told they had 30 days to get the meeting set up. Day 28 (July 23)…management company sends out the proxies saying the meeting would be Aug 3 and in the envelope include a statement from the board saying why they should not be recalled. We did not even know they were sending the proxies, nor did we have the opportunity to include a statement, nor were we asked if the meeting date worked for our group (this comes up later). The earliest anyone states they received the proxy was Saturday…most of us it was Monday July 27. On that date the management company sends out an email with the same proxy, meeting, and response information. Our group has now lost an entire weekend (again important). As no one in what we are calling the recall committee was made aware that any of this was started till the 27th…many of us had plans or were out of town. I myself was dealing with a matter in MN. So when I saw the email the morning of the 28th, I wrote a LONG rebuttal as the HOAs response had nearly nothing to do with the actual issues we were upset about, booked a flight and flew back the evening of the 29th. Our recall group is small and most people have recently started working again or were themselves out of town so we couldn’t really get boots on the ground till Thursday. So from Thursday till Monday, we literally went door to door asking for proxies and getting our side of the story out. In that time we collected over 100 proxies. The board, was allowed to post flyers inside the clubhouse windows…we don’t have access to that. The management company did not send an email out with meeting details till about 3 hours before the meeting. The meeting took place last night, they had a “waiting room” set up in zoom and people waited for 45 minutes to join. MANY thought zoom was broken or something else had happened and dropped. Due to the wait, when the numbers were crunched for the quorum..we only had 163 available votes/proxies, thus the recall failed. The entire process was biased from the management company in allowing only one side to be officially heard. Is this legal? Do we have a recourse? Can we start the recall process over again?
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We can help you. We help homeowners defend themselves and as needed replace rogue boards. The best next step for you is to schedule a case assessment with one of our Attorneys who is experienced in representing homeowners against HOAs. At the appointment we can review your grievances, rights, options, the legal process, timeline, how we can help, costs, etc. Just call 303-688-0944 or schedule at robandhen.wpengine.com/locations.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
OtherAug 4, 2020
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