How do I recall an HOA board member in California?
📘 Short Answer
To recall an HOA board member in California, members generally must submit a valid petition requesting a special meeting and conduct the recall election using the secret-ballot procedures required by California law. Whether a director is removed depends on the voting requirements in the governing documents and applicable California law.
⚖️ Relevant California Law
- § Civil Code §5110 — Requires the association to appoint one or three independent inspectors of elections.
- § Civil Code §5115 — Establishes secret-ballot procedures and election administration requirements for recall elections and other member votes conducted by secret ballot.
- § Corp. Code §7510 — Governs special meetings of members, including meetings requested by member petition.
- § Corp. Code §7222 — Governs the removal of directors of nonprofit mutual benefit corporations by member vote.
🏠 What This Means for Homeowners
A recall election allows members to remove an elected director before the end of the director's term. Following the required petition and voting procedures is critical to a valid recall.
- Review your governing documents for recall procedures and voting requirements
- Determine the number of member signatures required to demand a special meeting
- Collect signatures and submit a written petition requesting a recall meeting
- Retain copies of the petition and supporting documentation
- Monitor meeting notices and recall election materials
- Participate in the recall election conducted by secret ballot
🏢 What This Means for Boards and Managers
When a valid recall petition is received, the association must follow the applicable requirements for member meetings, notice, secret ballots, and election administration.
- ✓ Verify petition signatures and member eligibility
- ✓ Consult the governing documents and applicable statutes regarding meeting requirements
- ✓ Appoint independent inspectors of elections
- ✓ Conduct the recall vote using the required secret-ballot procedures
- ✓ Provide proper notice of the member meeting and election
- ✓ Document election results and retain election records
- ✓ Fill any resulting vacancy according to the governing documents and applicable law
⚠️ Common Mistakes to Avoid
- ✕ Using informal voting methods instead of secret ballots
- ✕ Failing to appoint independent inspectors of elections
- ✕ Miscalculating the number of signatures required for a member petition
- ✕ Failing to follow notice requirements for the special meeting
- ✕ Ignoring or improperly rejecting a valid member petition
People Also Ask
What percentage of HOA members is needed for a recall petition in California?
The required number of signatures depends on the governing documents and applicable law. For many nonprofit mutual benefit corporations, Corporations Code §7510 allows members holding at least 5% of the voting power to demand a special meeting unless the governing documents require a different threshold permitted by law.
Can the HOA board remove one of its own members in California?
An elected director generally may be removed only through the procedures authorized by the governing documents and applicable law. In most cases, removal of an elected director is accomplished through a vote of the membership.
Are HOA recall elections conducted by secret ballot?
Yes. Recall elections must follow the secret-ballot election procedures required by the Davis-Stirling Act.
Related Questions
This topic is covered in detail in:
→ HOA Elections Guide
Last reviewed: 2026-05-29 · Version 2026.3