Overview
Recall elections almost always occur because something has already gone very wrong in that HOA’s governance. Members do not wake up one morning and remove an entire board for sport. Recalls typically follow sustained misconduct, lack of transparency, statutory violations, financial mismanagement, or abusive enforcement practices. In that context, the recall is not the cause of instability, but rather the response to it.
This Fact Sheet grew out of a question one of my listeners posted to the HOA HELL podcast YouTube channel. The listener responded to the episode Sam and I recorded titled “How to Recall Your HOA Board in California: Legal Process, Signature Rules, and Strategic Tips,” and asked why we did not address the supposed “domino effect of removing an entire board.” Our listener’s concern was straightforward: if homeowners remove the entire HOA board, would management resign and would the association descend into chaos? In my response, I mentioned that my analysis only applied to HOAs with at least 45 members because in mid-size and larger associations operating under California law, that collapse scenario is extremely unlikely.
California law provides structure for leadership transitions. The Davis-Stirling Act and the California Corporations Code expressly authorize members to remove directors, subject to defined procedures and voting thresholds, including those set forth in Corporations Code 7222. Recall elections must follow the same secret-ballot procedures required under Civil Code 5100 and 5115, with an independent inspector of elections overseeing the process. Those statutory guardrails exist to ensure that leadership transitions occur within an orderly legal framework, not through chaos.
When a management company resigns after a recall, management is often part of the problem. The company may have aligned itself with the outgoing board and may anticipate that the incoming board will demand compliance with the law, closer oversight, or termination of the contract. That is not a domino effect. That is a reset. HOAs change management companies every day without collapsing. The real chaos is what typically existed before the recall.
This Fact Sheet addresses the “collapse” argument directly, explains how Corporations Code 7222 and the Davis-Stirling Act maintain operational continuity during a recall, and clarifies why disruption does not equal institutional failure. For a step-by-step explanation of the recall mechanics, see “HOA Recall Election in California: Step-by-Step Guide for Homeowners.” For a broader overview of recall authority and voting thresholds, see “HOA Recalls in California: How Homeowners Can Remove Their HOA Board.”
Key Points
Some homeowners worry that recalling their HOA’s entire board will push the association into chaos. In most mid-size and larger communities, that result is extremely unlikely. The concern deserves a statute-based evaluation rather than speculation. The following points explain why recall transitions do not automatically destabilize an association and where nuance matters.
- California law expressly authorizes HOA recalls and builds procedural safeguards to prevent chaos. Civil Code 5100 and 5115 require secret-ballot procedures and an independent inspector of elections. Corporations Code 7510 and 7511 govern the petition and meeting process. Corporations Code 7222 establishes the voting thresholds necessary to remove directors. These statutes exist to structure leadership transitions, not to invite institutional breakdown. A recall that follows the statutory framework operates inside a controlled legal process.
- California law coordinates removal and replacement so operational authority does not disappear overnight. Corporations Code 7222 governs the voting thresholds for recall, and the statutory framework anticipates that removal and replacement may occur in the same election. When homeowners structure the ballot properly, successors can step into office immediately upon certification of the results. That design prevents the leadership vacuum critics warn about and shifts control without freezing vendor contracts, banking authority, or day-to-day operations.
- Recalls typically respond to instability rather than create it. Recall efforts rarely arise in good HOAs. They usually follow sustained governance failures, financial mismanagement, lack of transparency, statutory violations, or abusive enforcement practices. In other words, in virtually every instance, recalls happen in bad HOAs, not good ones. In that environment, the recall addresses dysfunction that already exists. The disruption homeowners see during a transition often reflects preexisting problems, not damage caused by the recall itself.
- Management resignation after a recall is often a good sign. Management companies operate under contract with HOAs, and those contracts reflect working relationships. If a management company closely aligned itself with the outgoing bad HOA board, the company may decide it does not want to operate under new leadership that intends to demand compliance with the Davis-Stirling Act, closer financial oversight, or contract review. That decision reflects a professional and contractual recalibration, not an institutional failure. HOAs transition between management companies every day. Vendor contracts remain enforceable, assessments continue to be collected, and insurance coverage does not disappear simply because leadership changes. In short, the departure of a management company closely aligned with the bad HOA board removed in the recall is a good thing for the community. If you’d like to read more about bad managers and management companies, read my Fact Sheets “California HOA Manager Misconduct: What Homeowners Need to Know” and “California HOA Management Companies: Red Flags That Signal Mismanagement.” You can also watch our podcast episode “How HOA Management Companies Work and What to Do When Yours Fails.”
- Size and structure affect short-term impact, but they do not erase statutory continuity. This analysis assumes an association of at least 45 members. In mid-size and larger HOAs, volunteer depth, committee structure, and vendor infrastructure typically allow for orderly transitions. Smaller associations may experience sharper short-term disruption because fewer individuals carry operational responsibilities. Even then, Corporations Code 7222 and related provisions do not disappear. The statutory framework still governs the transition.
- Cumulative voting and voting thresholds shape recall strategy, not operational stability. Corporations Code 7222(b)(1) makes it difficult to remove individual directors in associations that use cumulative voting. Recalling the entire board often avoids that structural hurdle. That voting design affects strategy, but it does not determine whether the HOA can function after the vote. Once members satisfy quorum and majority requirements, the recall becomes a lawful leadership change.
- Operational continuity depends on planning, not fear. A responsible recall effort evaluates management contracts, vendor relationships, banking authority, and insurance documentation before the election concludes. Petitioners should anticipate transition logistics rather than react emotionally to warnings of collapse. When homeowners follow the procedural guidance outlined in my Fact Sheets “HOA Recall Petition in California: Signature Rules and Requirements” and “HOA Board Recall Challenges in California: How Homeowners Can Respond When Boards Resist,” they reduce the likelihood of last-minute disruptions.
- The “collapse” narrative often functions as a deterrence tactic. Boards facing removal sometimes frame recalls as reckless or destabilizing. That framing can intimidate members into inaction. The statute-based reality looks different. The Davis-Stirling Act and the Corporations Code treat recall as a lawful corporate remedy, not an act of sabotage.
- Bad HOA boards will say anything to avoid a recall, so ignore the fear mongering. When a bad HOA board sees its own demise and predicts chaos, keep calm and remember why the procedures required under Civil Code 5100 and Corporations Code 7222 exist. Recalls are a time-honored and tested device to keep HOA boards in line. California law does not treat recalls as reckless acts, but rather as lawful corporate remedies with defined thresholds and defined safeguards. Predictions of collapse are almost always, therefore, strategic messaging, not operational reality.
Recalling an HOA board does not dismantle the association. It changes its leadership. California law builds continuity into that process through defined voting thresholds and succession rules. In most communities with meaningful membership size, the “collapse” narrative functions as a deterrent argument, not a realistic operational forecast.
If you’re living in a bad HOA and want to recall the board, then call the experienced California HOA lawyers at MBK Chapman. My firm’s HOA attorneys are experts in all manner of HOA law, and we understand recall mechanics and transition planning.
FAQs
Will my HOA collapse if we recall the entire board?
No. California law structures recall elections under Civil Code 5100 and Corporations Code 7222 to provide defined voting thresholds and procedural safeguards. A recall is a lawful corporate remedy, not an act of institutional self-destruction. In mid-size and larger associations, collapse is extremely unlikely. Disruption can accompany any leadership change, especially where governance problems already exist, but disruption is not the same as organizational failure.
What happens if the management company resigns after a recall?
If a management company closely aligned itself with a bad HOA board, its resignation is often a positive development. A management company that enables misconduct, ignores statutory violations, or resists lawful oversight is part of the problem, not part of the solution. When new leadership steps in and a management company chooses to leave rather than operate transparently and in compliance with the Davis-Stirling Act, that is not instability, but rather a necessary reset. The HOA remains intact, and a better management relationship can replace the old one.
Does cumulative voting make recalls dangerous?
Cumulative voting makes it harder to remove individual directors because of Corporations Code 7222(b)(1). That structural hurdle affects recall strategy, not operational stability. Once members meet quorum and voting thresholds, the transition proceeds under statutory safeguards.
Can an HOA operate without a board during a recall?
California law does not allow an association to drift into a leadership vacuum. Corporations Code 7220 coordinates the timing of removal and replacement so that governance authority transitions in a structured way once successors are elected and qualified. In properly conducted recalls where replacements appear on the same ballot, the shift in control occurs as part of the same process. The “no board at all” scenario critics predict is not how the statute operates.
Are recalls more disruptive in smaller HOAs?
Smaller associations may feel leadership changes more acutely because fewer volunteers handle operational tasks. Even so, the same statutory framework applies. The key variable becomes transition planning, not the legality of the recall itself.
Is recalling an entire HOA board reckless?
No. In fact the opposite is true. Leaving a bad HOA in place is reckless, not removing one. When members follow the procedures required under Civil Code 5100 and Corporations Code 7222, a recall functions as a lawful corporate remedy.
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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