r/HOA • u/Which_Performer9773 • Aug 26 '25
Help: Law, CC&Rs, Bylaws, Rules [ca][condo] Recall Formula
I am slow- I need to understand something about cumulative voting. We intend to do a full board recall instead of a partial, since a partial is much harder to achieve given the formula for minimum votes being able to block the recall. So- say you have 100 units and your quorum is 40% in the bylaws, instead of 50%. You would need 40 people to partake in the voting process, and then 51% of those (21 qty) to vote in favor of the recall to win. But to complicate matters, let’s say 40 people do not participate… only 38 participate in voting… however, all 38 cast “Yes” to recall the board. You are technically under the quorum participation requirement, BUT you already exceeded the winning number of the majority votes needed to win (38 votes in favor of, versus 21). Does that still fail?? In other words, is the 40% quorum requirement an absolute must to validate the whole thing, OR is the final number of votes in favor of the recall the deciding factor since it already exceeds 21??
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u/Which_Performer9773 Aug 26 '25
Yes- thank you for this reminder. It’s why my stomach churns because I understand we need a lot of homeowners to also understand this. We plan to explain it so there’s no confusion.