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Most Common Reasons

Board Members are Recalled

Written by Attorney Michael T. Chulak

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 Michael T. Chulak & Associates at (818) 991-9019 or (800) 565-2232 if you have any questions about the recall of a board director or any other legal matter. Initial consultations are offered at no cost.

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