QUESTION

Removal of current BOD and select new BOD

Asked on Nov 19th, 2016 on Residential Real Estate - California
More details to this question:
We, the homeowners submitted a Petition signed by 55% of all homeowners in this Community ("Aldea" in Porter Ranch, CA) included names of 4 persons for new BOD to the board of director's meeting on 11/14/2016 for the purpose of removal of current BOD and selecting of new BOD. Now we received a response from the property management company, Accell instead of current BOD saying that current BOD merely can accept the Petition as calling of a special member meeting to vote for recall of current BOD. Now this is our questions can't majority (55%) of our homeowner's signatures remove current BOD with selecting of new BOD ? To remove current BOD has to be done by the way of vote, not by actual signatures. The By Law was not clear about it. Please help us.
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1 ANSWER

Construction and Real Estate Attorney serving Burbank, CA at The Law Offices of Adam S. Warshaw, APC
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You would need to follow the election procedures in the CC&Rs/By-Laws and the state law.  That requires a proper notice and election.  Your petition has sufficient owners represented to force an election.  To answer further would require a review of the CC&Rs and By-Laws. 
Answered on Nov 23rd, 2016 at 11:39 AM

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