An HOA election recall can happen to any community. When it does, board members should be prepared to deal with them. Better yet, boards should take proactive steps to prevent recalls in the first place.
What is an HOA Election Recall?
An HOA election recall is a formal process in which homeowners vote to remove one or more board members before their terms end. Homeowners are responsible for electing the board, so it is only fair that they also have the power to remove board members from their positions.
A recall can apply to a single director or the entire board. When an owner removes a director, only one seat becomes vacant. To fill this seat, the board can either appoint someone or homeowners can go through an election process.
Removing the entire board essentially means resetting leadership. This is more disruptive to the community’s operations, as there’s no one left to make decisions. Full board recalls also tend to require more votes, depending on state laws and the governing documents.
Are HOA Contested Elections the Same as an HOA Board Recall?
It is important to understand that a board recall and a contested election are not the same. A board recall happens when homeowners remove a director from their seat in the middle of their term. Meanwhile, a contested election happens when more than one person runs for an open seat on the board.
Both of these things can create tension within the community. That said, recalls tend to be more intense because they challenge existing leaders. On the other hand, contested elections determine who will fill upcoming board vacancies. They are not disruptive and are usually part of the standard election process.
The Rise of HOA Election Recalls in the United States
More and more associations are experiencing election recalls lately. One happened in Wichita, while another attempt occurred in Sacramento.
In Modesto, rising fees and a failed special assessment led to a successful board recall. More recently, residents in a North Carolina community who are unsatisfied with a golf course project are attempting to remove their board.
The trend is clear, striking fear in HOA leaders across the country. By understanding what commonly drives recalls, board members can help prevent them in the first place.
Here are the most common reasons behind board recalls.
1. Loss of Trust in the Board
When homeowners believe that the board is withholding information and making decisions in secret, they will naturally feel excluded. This can result in a loss of trust and, ultimately, a vote to recall the board.
2. Financial Concerns
Associations handle large sums of money daily. Frequent points of tension include budgets, reserve funding, rising dues, and special assessments. If owners believe that the board is spending too much or mismanaging funds, they can demand a recall.
3. Uneven Rule Enforcement
Selective enforcement is one of the fastest ways to trigger frustration. If owners believe the board treats certain people differently under the rules, they may call for a change in leadership.
4. Internal Conflicts and Politics
Politics can play a divisive role in HOAs, too. Personal disagreements and power struggles can lead to the formation of factions. Even the smallest dispute can grow into community-wide conflicts that lead to a recall.
5. Social Media Amplifying Disputes
Issues can start small, but with how social media works nowadays, they can quickly snowball. Posting disputes online can expose the association to criticism. Soon enough, unrelated parties will start taking sides, and online discussions will grow out of control.
More often than not, the board doesn’t even have enough time to respond. Yet, these rumors and complaints continue to spread, escalating into full-blown attacks. Homeowners might be swayed by public opinion, leading them to recall the board.
6. Lack of Board Training
Sometimes, it all comes down to inexperience. Board members are volunteers, so they don’t always have the training needed to manage the community. Small mistakes could be perceived as a reflection of their capabilities (or lack thereof), and homeowners might lose confidence.
Is an HOA Election Recall Legal?
Yes, recalls are generally legal, provided owners follow state laws and the governing documents. In Washington, both the Uniform Common Interest Ownership Act and the Homeowners’ Association Act allow recalls or removals.
Under RCW 64.90.520, owners can vote to remove any elected board member, with or without cause, with a majority vote or a two-thirds vote. Owners can vote in person or by proxy at a properly noticed meeting where a quorum is present.
The board member/s being considered for removal must have an opportunity to be heard before the vote. After removal, owners can then elect someone to fill the open seat at the same meeting.
Additionally, the board can decide to remove a director or officer even without a vote from the membership if:
- The board member has been delinquent for more than 60 days, and
- The board member has not paid their delinquent dues within 30 days of receiving the notice of the board’s intent to remove them.
Under RCW 64.38.025, homeowners can remove a board member by a majority vote, in person or by proxy, at any owners’ meeting where a quorum is present. They may do so with or without cause.
How to Prevent an HOA Election Recall
Taking measures to prevent a recall is better than responding to it after the fact. Here are the proactive steps a board can take to prevent a recall.
1. Communicate Clearly and Regularly
Boards should share updates about projects, budgets, and decisions to prevent misunderstandings. Transparency and clear communication can combat distrust and suspicions.
2. Maintain Financial Transparency
Financial decisions are a common cause of tension in any community. Homeowners are more inclined to trust the board if they can review the association’s financial records. Boards should even take the first step by presenting reports and budgets at meetings.
3. Enforce Rules Consistently
Selective enforcement can often spark an HOA election recall. To avoid this, boards should apply the rules evenly and fairly to all homeowners.
4. Follow the Governing Documents
Board members should adhere to all procedural requirements set forth in the governing documents. If they fail to follow their CC&Rs and bylaws, it can lead to disputes that may turn into recall attempts.
5. Address Concerns Before They Escalate
Small issues can easily grow into large conflicts. Boards shouldn’t ignore homeowner concerns. Instead, they should listen to them early and respond respectfully.
6. Offer Training for Board Members
Training can go a long way in ensuring successful and transparent governance. Board members should attend seminars and enroll in courses to help them better manage their community.
7. Increase Homeowner Engagement
Engaging with residents is the easiest way to cultivate trust. The board should assemble committees dedicated to this endeavor. It is also a good idea to hold open forums at meetings and implement a suggestion box to make homeowners feel included.
How to Respond to an HOA Election Recall
When a recall does happen, the HOA board should know how to handle it. These strategies should help boards navigate through the process:
- Review the recall petition to verify whether it meets the requirements under state laws and the governing documents.
- Check for missing signatures or incorrect language in the petition that may invalidate the initiative.
- Hire an attorney to guide the board’s response through the recall and investigate if the process is lawful.
- Make sure the HOA election recall follows all notice and meeting procedures.
- Avoid emotional responses to the recall and focus on communicating with homeowners using facts.
- Remain professional at all times during the recall process, as getting personal will only fan the flames of tension.
If the recall succeeds, board members should do whatever they can to ensure a smooth transition. The recalled director must accept the outcome and react with grace.
If the recall fails, board members should stay professional. Never use taunts or offensive language, as they will only aggravate the situation.
Even if the recall didn’t succeed, it does signal underlying concerns regarding governance. Boards should address these issues to regain homeowners’ trust and confidence. Otherwise, it will only lead to another recall.
For the Good of the Association
With the HOA election recall gaining momentum across the country, boards are undoubtedly preparing for the worst. Fortunately, it is relatively easy to prevent a recall from ever happening. All it takes is a commitment to putting the community’s needs first.
CWD Group helps community associations prevent and navigate election recalls. Call us today at 503-488-2008 or contact us online to learn more!
