Rhonda,

Voting rights are established in the CC&R’s. If your CC&R’s establish that some units have one vote and others have two votes, then that applies to all voting by the members, including recall votes. The 20% is based on the total number of votes allocated in the community. In your case there are 1,277 allocated votes so that the quorum requirement are persons with 256 votes. This will be satisfied with any combination of single vote units and dual vote units with as little as 128 dual vote members or as much as 256 single vote members. How you are going to determine this is a mystery to me, but the law was based on the assumption that all units would get one vote.
Dennis

Disheartening! This is how the guy who could not read or write got on the Board. His heap labor, free food and parties bought votes.

Oh my goodness, Dennis! We would appreciate this so much. Let me get back to you asap.

Lisam,
Absolutely not as long and the work he is soliciting is not for the association.

Dennis

I completely agree. This person submitted their name to serve on the board because they have an agenda. He was the one who caused all of the problems in our community last year building the shed without an ‘architectural Change Form, refused to respond to violation letters, hired an attorney to write the Board a letter, we responded in kind with an attorney’s letter, more violation letters and then the threat of a lawsuit if no compliance. He filed a grievance with the AZ Dept. of Real Estate and lost. The whole year he spent dividing our community and then the ones dividing the community with all of their lies ran for the Board. This guy went door to door spreading misinformation, did cheap labor for favor, held parties to buy votes. The whole time he bad mouthed me and the other two board members. We walked the high road and continued to hope for enough common sense in the homeowners. The three incumbents got reelected and two of the dividers. It was a very tight vote.
The board did not know if we could do anything to prevent him from running. I guess the people who voted for him don’t care that he can’t read or write at late 70’s to early 80’s. The first thing we did was hand them a book with the Condominium Act and Non-Profit Corporation Acts. The response, “What is this?” Our reply, “The laws you are expected to know and follow as a Board member.” Yes, there is always a learning curve with new board members, but there has to be a willingness to learn. This man has fought the Board a whole year and argued against the laws. What is going to make him now follow them? Very scary thought.

Lisam
How can this individual expect to fill the duties of the board if he cannot read the laws or the governing documents for the community. This should clearly disqualify him from being on the board. How in the world was such an individual be elected to the board. The rest of the board has no obligation to spoon feed this individual. They all must act as independent board members and vote their conscience on every issue. While clearly nothing stops other board members from helping this individual. It is bad enough that most community managers don’t bother to read the law or governing documents , this will make your situation even worse.
You all elected this individual so you are left to deal with his inability to do his job.
Dennis

Thank you!!!

I have gone back to read again all you have educated me on, and I really do think I have it now (though that 90% passing grade is not to my satisfaction!). One of your comments in your second response has me wondering about something that happened at our Members Meeting in December.
This is your comment:
“Remember this is a meeting of the members and the board has no authority to dictate how the meeting is run and who can speak and who cannot. Any effort by the board or the community manager to suppress any member wishing to speak violates the law.”
This is my question:
Did the Board have those same restrictions on their authority during our Members Meeting? I thought I understood that the Community Manager was the one to officiate that meeting and the Board played none of their usual roles as far as things such as calling the meeting to order or recognizing community members who wished to speak, and that they had no authority to limit access to the floor for those who wished to speak. Our experience was that our Board President took over, controlled the floor for much of the meeting, and attempted to limit members in their ability to “unmute and speak”. I was, in fact, told by the President when my hand was raised that I had already spoken and he was not going to call on me to unmute. Was he out of line?

Very clear….thank you so much! Good thing I am NOT the Community Manager! I would not have passed the test!

I think this is becoming more clear for me, but can I make sure by running this by you as if I am the Community Manager (which I promise you I am not!!!!)?
– I receive a letter from the community accompanied by a petition to recall 4 Board Members, which has been signed by 125 residents. I manage a community of under 1,000…so the petition meets the requirements to trigger the Special Meeting to recall these board members. Hypothetically this was received by me on March 1.
– I inform the Board of the Recall Petition
– I begin the process of checking each signature to make sure each signee is truly a resident and that each is in good standing (ie, no liens, is actually on the deed as an owner, etc)
– I contact VoteHOA (I have been assured that this company was vetted by our Association Attorney when the need first cropped up, so let’s assume this is how the vote will go) to have them format the ballot
– I choose March 28th as the date for the Special Meeting, as it seems I can get my tasks completed by that time and it is within the 30-day window I have that began March 1
– Two weeks prior to March 28th, I send by email, to all homeowners, the ballot from VoteHOA with instructions as to the voting process
– 48 hours prior to March 28, I send the Special Meeting Notice with the Zoom link, instructions for connecting via Zoom, and attach the meeting agenda, which will state Recall Vote as the only agenda item
– On March 28th, I call the meeting to order and invite comments from the meeting attendees
– I announce that x-number of ballots have been returned and that anyone on the Zoom meeting who has not yet submitted their ballot has until x-time during this meeting to do so
– Once that time frame has closed, the formal count begins; the meeting continues in progress until all votes are counted; the vote results are announced
– A motion comes from the floor to adjourn, is seconded, meeting adjourned

How did I do?