Overview
In California, homeowners have the legal right to recall their HOA board of directors. The recall process is designed to give members a practical way to hold boards accountable, but strict rules apply. Success requires meeting signature thresholds, following statutory timelines, and ensuring the election complies with both the Davis–Stirling Act and the California Corporations Code.
For a deeper analysis, see my article: “HOA Recalls in California: The Power to Remove Your HOA Board.”
This Fact Sheet was updated on September 17, 2025 to include FAQs regarding a homeowner’s ability to remove their HOA board by way of a recall.
Key Points
The core requirements and principles every California homeowner should know about HOA recalls include:
- Legal Authority. The right to recall HOA directors comes from both the Davis–Stirling Act and the California Corporations Code (Civ. Code 5100, 5115; Corp. Code 7510, 7511, 7222). Both bodies of law apply, and both must be followed.
- Entire Board vs. Individual Directors. Removing individual directors is extremely difficult in HOAs with cumulative voting because of Corporations Code 7222(b)(1). That statute allows directors to survive recall if the “no” votes would be enough to reelect them cumulatively. Recalling the entire board avoids this problem, which is why doing that is almost always recommended.
- Signature Threshold. For most HOAs, signatures from 5% of members are all that is required to compel a recall election. For stock cooperatives, the threshold is 10% (Corp. Code 7510(e)).
- Owners Only. Only owners of record may sign a recall petition (Corp. Code 7510(e)). Co-owners on the same title count as one signature toward the threshold, no matter how many individuals from the household actually sign. Tenants, non-owner spouses, and other residents not on title are not eligible and their signatures will not count toward the necessary threshold. If one person owns multiple units, they may sign once for each unit, and each signature counts separately.
- Petition Requirements. A valid petition must clearly state which directors (or the entire board) are subject to recall. It must include printed names, property addresses, and original signatures. Delivery must be made in person or by certified mail to the board, a director, or the managing agent (Corp. Code 7511(a)-(b)).
- Election Timeline. After receiving a valid petition, the board has 20 days to give notice of the recall meeting (Corp. Code 7511(c)). Depending on whether cumulative voting applies, the meeting must be held within either 35–150 days or 120–150 days. Ballots must be sent at least 30 days before the voting deadline (15 days if the HOA uses electronic voting) (Civ. Code 5115).
- Voting Thresholds. Subject to the issues discussed above regarding recalls of the entire board v. less than the entire board, even in HOAs with cumulative voting, when it comes to removing the entire board (as opposed to one or more directors, but not the entire board), the voting threshold necessary to succeed in a recall election depends on the size of your HOA:
- Associations with 50 or Fewer Members. If your association has 50 or fewer members, a recall will be successful if a majority of all members (not merely a majority of a quorum) vote in favor of the recall (Corp. Code 7222(b)(1)).
- Associations with More Than 50 Members. If your association has more than 50 members, a recall passes if approved by a majority of a quorum (Corp. Code 7222(b)(1)).
- Election Procedures. Recall elections must follow the same rules as director elections under Civil Code 5100 et seq. This includes secret ballot voting, the double-envelope system, and oversight by an independent inspector of elections.
- Ballot Format. The recall ballot should ask two questions: (a) whether to remove the director(s) named in the petition, or in the case of a full-board recall, whether to remove the entire board; and (b) if the recall passes, who should be elected to fill the vacant seats. Both questions must be on the same ballot to prevent the board from filling vacancies itself.
- Common Board Tactics. Boards often try to derail recalls by challenging petition language, questioning signatures, delaying timelines, getting a director to resign mid-stream, or issuing defective ballots. They may also refuse to provide member contact information even though Civil Code 5200 requires it.
A recall is one of the most powerful remedies homeowners have against abusive HOA boards. But it only works if every statutory requirement is met. From signature collection to ballot procedures, precision matters. Homeowners should anticipate resistance tactics and follow both the Corporations Code and the Davis–Stirling Act step by step to ensure their recall succeeds.
FAQs
How many signatures are needed to recall an HOA board in California?
HOAs need signatures from 5% of the members to force a recall election unless they are a stock cooperative. Stock cooperatives need 10%.
Who is allowed to sign an HOA recall petition in California?
While anyone can sign an HOA recall petition, only the signatures of the owners of record will count toward the required number. The signatures of tenants, non-owner spouses, or residents not on title will not count. An owner with more than one unit can sign once for each unit.
How long does an HOA board have to schedule a recall election in California once they’re provided with a valid recall petition?
The board must send notice of the recall meeting within 20 days after receiving a valid petition. Depending on whether cumulative voting applies, the meeting must be held within 35–150 days or 120–150 days.
How many votes are required to remove an HOA board in California?
In HOAs with 50 or fewer members, a majority of all members must vote “yes” to recall. In HOAs with more than 50 members, a majority of a quorum is enough.
Is it easier to recall the entire HOA board or just one director in California?
It’s almost always easier to recall the entire board. In HOAs with cumulative voting (and where cumulative voting applies), an individual director can survive if the votes cast against the recall would be enough to reelect them. That hurdle doesn’t apply if the whole board is recalled.
What should be on the ballot for a California HOA recall election?
The ballot must ask two questions: (1) whether to remove the director(s) or the entire board (whichever the case may be); and (2) who should be elected to fill the vacant seats if the recall passes.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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