Overview
Even after a valid recall petition has been delivered, bad HOA boards will try to block the process. These “HOA boards from Hell” often rely on delay, technical objections, or outright manipulation to protect themselves from removal. Under the Davis-Stirling Act (Civil Code 5100, 5115, 5200) and the Corporations Code (7510, 7511, 7222), homeowners have clear rights to force board recalls, and boards cannot lawfully derail a recall by engaging in gamesmanship. This Fact Sheet explains the most common challenges boards raise and what homeowners can do to respond.
For a deeper dive into this topic, see my article: “HOA Recalls in California: The Power to Remove Your HOA Board.” For a quick-reference guide, see my Fact Sheet: “HOA Recall Election in California: Step-by-Step Guide for Homeowners.”
Key Points
Bad HOA boards frequently try to interfere with recalls. Homeowners need to know the tricks and how to push back. Look out for the following types of behavior from your board to see if they are illegally attempting to prevent your valid recall efforts:
- Questioning signatures without cause. Boards sometimes compare petition signatures to past ballots or sign-in sheets and claim they don’t match. The correct way to verify is to ask the signer directly.
- Attacking petition language. Boards may argue that your petition is “ambiguous” or “defective” over minor word choices or formatting. But the bar for what qualifies as a valid petition is quite low, so this is always evidence of illegal gamesmanship. Keep petitions simple and factual to avoid this trap.
- Delaying the election. Some boards slow-walk the 20-day notice requirement or schedule the recall outside the legal 35–150 or 120–150 day window. Watch the dates closely. Call your HOA board out immediately if it even looks like they’re going to violate the applicable timing window.
- Using resignations to reset the process. A targeted director may resign so the board can appoint an ally, forcing petitioners to start over. One time is out of your control. But if it happens again, challenge it. Courts frown on repeated abuse of this tactic.
- Ballot manipulation. Boards may issue ballots that ask only about removal, omitting the election of replacements. If that happens, the board can fill vacancies itself. Insist that both questions appear on the ballot.
- Blocking access to member information. Boards sometimes refuse to provide mailing or email lists, making it harder for petitioners to campaign in favor of the recall. Civil Code 5200 gives members the right to that information, and seeking the membership list for the express purpose of setting up a recall petition is ALWAYS a valid basis for requesting and receiving the membership list.
Homeowners should expect resistance from bad boards. Anticipating these tactics, and documenting every step, makes it easier to keep the process on track and defend the recall if challenged.
FAQs
What tricks do California HOA boards use to fight a recall?
Boards often challenge signatures, delay required notices, or argue that something about the petition is defective. Some even manipulate ballots or restrict access to member lists to derail the process.
Can a California HOA board delay a recall election?
No. The Corporations Code requires boards to notice the recall meeting within 20 days and hold it within the applicable statutory window. If they delay beyond that, homeowners can challenge the violation.
What if a California HOA director resigns before the recall election?
A resignation will most likely nullify a recall. But if boards repeat this tactic just to avoid accountability, homeowners can and should challenge it as bad-faith manipulation.
Can a California HOA board change the recall ballot to exclude replacement candidates?
No. If you’ve specified that your recall ballot must ask two questions (i.e., removal of directors and election of replacements), the board must include both of those options on the ballot.
Do California homeowners have a right to member contact lists during a recall?
Yes. Under Civil Code 5200, members can demand access to mailing addresses and other contact information needed to campaign and inform neighbors about the recall.
How should California homeowners respond when a board resists a recall?
Document every violation, insist on compliance with Civil Code and Corporations Code requirements, and use your statutory inspection rights. If resistance continues, legal action may be necessary to enforce the recall. That’s when you’d call us at MBK Chapman.
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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