Overview
Once a valid recall petition is submitted, California law requires the HOA to schedule and conduct a recall election. This election must follow strict procedures under Civil Code 5100 and related sections. Boards often try to control the process, but when homeowners understand the required steps, they can hold directors accountable and make sure the election is fair. This Fact Sheet explains the recall election process from start to finish, so that you know what to expect and how to respond if your board resists.
For a deeper dive into this topic, see my full article: “HOA Recalls in California: The Power to Remove Your HOA Board.” For a quick-reference guide, see my Fact Sheet: “HOA Recall Petition in California: Signature Rules and Requirements.” You can also an episode of my HOA Hell podcast dedicated to recalling bad HOA boards.
Key Points
The recall election process follows a series of legal steps that must be completed in order.
- Notice of Meeting Must Be Sent. Once the board receives a valid recall petition, it must notice a special meeting of the members for the recall vote. The notice must go out at least 20 days before the meeting.
- Inspector of Elections Is Required. The board cannot count the ballots itself. A neutral inspector of elections must be appointed to oversee the process.
- Secret Ballot Rules Apply. Just like regular board elections, recalls must use the double-envelope secret ballot system. This prevents intimidation and ensures anonymity.
- Quorum Requirements Control Validity. The association’s bylaws usually set a quorum percentage that must be met for the recall to proceed. Without quorum, the recall fails—even if a majority of ballots favor removal.
- Majority of Members Voting Determines the Outcome. If quorum is met, directors can be recalled by a majority of the members who cast ballots, not the majority of the entire membership.
- Replacement Directors May Be Elected. Some recalls elect replacements on the same ballot, while others require a separate election. The bylaws and governing documents determine which applies.
- Election Timeline Cannot Be Manipulated. Boards may not delay the election beyond what the Civil Code and governing documents allow. Attempts to stall can be challenged.
Understanding these steps is essential to ensure your recall election is legally valid. Your HOA board’s failure to comply with any of these requirements can result in your having the election results thrown out.
FAQs
How does an HOA recall election work in California?
Subject to some differences in timing, recall elections works very much like regular board elections. They are triggered by the submission of a valid homeowner petition. Once the board or management company receives a valid recall petition, the board must notice the meeting, appoint an inspector of elections, and run the vote using the secret ballot system. All of those things have to be handled within the timelines required by the Davis-Stirling Act and the Corporations Code.
How much notice and timing applies to a California HOA recall election?
After a valid recall petition is received, the board has 20 days to give notice of the recall election meeting. If cumulative voting applies, the meeting must be held not less than 35 nor more than 150 days after receipt of the petition. If cumulative voting does not apply, the meeting must be held not less than 120 nor more than 150 days after receipt. Ballots must still be mailed or delivered to all members at least 30 days before the voting deadline under Civil Code 5115.
Who runs a California HOA recall election, and what do inspectors do?
An independent inspector of elections runs the recall. The inspector maintains ballots mailed in, verifies eligible voters and quorum, conducts the count at the meeting, and announces the results within 15 days of the election.
Do I have to use secret ballots and the two-envelope system in a California HOA recall election?
Yes, unless your HOA has adopted electronic voting. Assuming it hasn’t, a California HOA’s recall election must use secret balloting with the double-envelope system required by Civil Code 5115.
What should be on the recall ballot?
Your ballot should ask two questions on the same ballot: whether to remove the director(s) and, if removal passes, who should fill the vacant seats. If replacements are not elected at the same time, the board may be able to appoint its own choices to the vacancies.
How does cumulative voting affect a California HOA recall election, and why recall the entire board?
With cumulative voting, no individual director may be removed if the votes cast against removal would be enough to elect that director at a cumulative election. This is a very high bar. Recalling the entire board avoids that cumulative-voting protection for individual directors and is usually easier to achieve.
What voting thresholds apply if I recall the entire board in a California HOA recall election?
If your association has fewer than 50 members, the recall passes if a majority of all members entitled to vote approve removal. If your association has 50 or more members, the recall passes if a majority of a quorum vote to remove the board. The specific numbers depend on your membership count and quorum.
What happens after a California HOA recall election passes?
If the recall passes and enough valid votes are cast for replacements, the new directors are considered elected once results are certified. Under Corporations Code 7220(b), prior directors continue serving until their successors have been elected and qualified. If there are not enough replacement votes to fill all seats, your HOA’s Bylaws may allow the board to appoint directors to the remaining vacancies.
How do electronic voting rules change a California HOA recall election?
If your HOA has adopted electronic voting, the recall meeting date is set 150 days after receipt of the petition, and ballots must be sent at least 15 days before the voting deadline. The paper-ballot 30-day mailing rule does not apply in that scenario.
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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