Board recalls are rare, but when they happen, procedural errors by either the petitioners or the board can invalidate the entire process. California Civil Code §5110 gives HOA members the right to call a special meeting for the purpose of recalling directors, and the board has specific obligations once a valid petition is received.
Petition requirements
Members seeking a recall must submit a written petition signed by at least 5% of the association’s total membership (Civil Code §5110(a)). The petition must:
- state the purpose of the special meeting (recall of specific named directors),
- include the printed name, unit address, and signature of each petitioning member, and
- be delivered to the board in person, by first-class mail, or by the method specified in the association’s bylaws.
The 5% threshold is based on total membership, not just those in good standing. The board cannot reject signatures from members with delinquent assessments.
Board obligations after receiving a valid petition
Once the board receives a petition meeting the 5% threshold:
- Validate the petition within a reasonable time — verify signature count and member eligibility. The board cannot stall indefinitely; courts have found that 30 days is generally reasonable.
- Schedule the special meeting within 90 days of receiving the valid petition (Civil Code §5110(b)). The board cannot refuse to call the meeting.
- Send notice of the special meeting to all members at least 10 to 90 days in advance, per the association’s bylaws and Civil Code §4920.
- Conduct the recall vote using the secret ballot procedures required by Civil Code §5100–5130. The election must be administered by an independent inspector of elections.
Vote threshold for recall
Unless the CC&Rs specify otherwise, a majority of the quorum present at the special meeting can remove a director. However, many associations’ bylaws require a majority of the total membership — not just those present — to recall. The board and petitioners should both review the bylaws carefully before the meeting.
If the recall vote is conducted by written secret ballot (which is required in most California HOA elections), the quorum and vote-counting rules follow the same procedures as a regular annual election.
What happens after a successful recall
If one or more directors are recalled:
- the remaining board members may appoint replacements to serve until the next annual election, unless the bylaws require a special election to fill the vacancies,
- the recalled directors must immediately relinquish access to association accounts, records, and common areas, and
- the board should announce the results to all members within 15 days per Civil Code §5120.
Procedural risks boards should manage
- Do not ignore the petition. Courts will order the special meeting and may award attorney fees to the petitioners.
- Do not retaliate against petitioning members through selective enforcement or assessment disputes. This creates significant legal exposure.
- Engage legal counsel early to review the petition’s validity and ensure the recall process follows the bylaws and Davis-Stirling requirements exactly.
Where this article points next
Boards facing a recall should also review voting and ballot procedures to ensure the special election is conducted properly, and the open meeting checklist to ensure proper notice and conduct during the special meeting.