Recall

The process by which association members remove one or more board members from office before their term expires. Recall is a fundamental membership right that serves as a check on board authority. The process typically begins with a petition signed by a specified percentage of the membership, followed by a special meeting and a membership vote on the recall question. In California, the Corporations Code (Section 7222) and the Davis-Stirling Act govern the recall process for HOAs. Members holding at least 5% of the voting power may call a special meeting for the purpose of recalling board members. The recall vote must follow the same procedures as a regular election — specifically, it must be conducted by secret ballot with an independent inspector of elections overseeing the process. A board member may be recalled with or without cause by a majority vote of the membership present and voting, provided a quorum is achieved. If the recall is successful, the vacancy may be filled at the same meeting by election or by the remaining board members depending on the bylaws. Importantly, the board cannot refuse to hold a recall meeting or unilaterally invalidate a recall petition — doing so can result in court intervention. Recalls are serious governance events that often signal deeper community conflict, so boards should treat recall petitions with transparency and strict procedural compliance.