Recall for CA HOA with over 50 members

Jul 9
3 min read

Under California’s Davis-Stirling Common Interest Development Act and the California Corporations Code, the "5% recall process" refers to the legal right of homeowners to force a special election to remove one or more HOA board directors. [1, 2]

The process is strictly regulated and moves through specific phases: [3, 4, 5]

1. The Petition Phase

· Threshold: Signatures from at least 5% of the total voting power of the association must be gathered. This statutory threshold supersedes any higher requirements (like 15% or 20%) that may exist in older HOA bylaws. [6, 7, 8]

· Signature Validity: Only owners officially on the property title can sign. Signatures from tenants, renters, or spouses not listed on the title are void. [6, 9]

· Originals Only: Signatures must be original, wet ink signatures. Photocopies of the petition text are allowed, but digital, typed, or electronic signatures are generally not accepted for the petition itself under California regulations. [6]

· No Cause Needed: Homeowners do not need to prove wrongdoing or provide a specific reason; directors serve at the pleasure of the membership and can be removed without cause. [10, 11]

· Delivery: The completed petition must be delivered to the HOA board or its management company by personal delivery or certified mail. [6]

2. The Board’s Timeline to Respond

Once a valid petition is delivered, the board has 20 days to officially recognize it and set the date for the election. [4]

· The Election Date Window: The actual date for the recall vote must be set between 35 and 150 days from the date the board received the petition. [4]

· Failure to Act: If the board fails to set the date within 20 days, the petitioners have the legal right under Corporations Code § 7511(c) to set the date and mail out the election notices themselves. [4]

3. The Election Setup (The 90-Day Reality)

While the Corporations Code allows a 35-day minimum window, the Davis-Stirling Act's strict double-secret ballot process (Civil Code § 5115) typically stretches the timeline out to a minimum of 90 days if replacement candidates are being chosen at the same time: [4]

· Call for Nominations: Must be sent out at least 30 days before the nomination deadline.

· Pre-Ballot Notice: Must be sent to owners at least 30 days before ballots are distributed.

· Ballot Period: Ballots must be mailed to owners at least 30 days before the actual voting deadline.

Note: The HOA must hire an independent Inspector of Elections to oversee the ballot distribution and counting. [12]

4. Voting Thresholds for Removal [13]

To successfully recall a director, specific voting requirements must be met at the election:

· Quorum: The association must reach its standard quorum requirement for the vote to count. No reduced quorum is permitted for a recall under Davis-Stirling.

· Associations with 50+ Members: Removal is approved by a simple majority of the votes cast, provided a quorum is met.

· Associations with fewer than 50 Members: Removal requires the approval of a majority of all total members in the association, not just those who voted.

· Cumulative Voting Obstacle: If the HOA’s bylaws use cumulative voting, a director cannot be removed if the number of "No" votes cast against the recall is enough to elect that director in a normal election. This calculation often makes it much harder to recall a single director compared to recalling the entire board simultaneously. [4, 5, 8, 12, 13, 14, 15]