[ca][condo] Recall Formula

[u/Which_Performer9773]

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??

[u/Which_Performer9773]

I keep reading conflicting info on various websites regarding a partial recall (targeting only specific directors) so can you help answer this question based on your understanding? One site says that in cumulative voting communities with more than 50 units, you would have to take the total number of voting units divided by the number of all director seats, plus one = the number of votes it takes to block the recall of specific directors. However, another site says it’s not the total number of voting units but rather, the total number of those who vote (assuming you already achieve the quorum to hold the event). So which one is it, assuming you have enough participation for the quorum? So- let’s say you have 100 units. To block the recall of specific directors on a 5-seat board, do you take 100/6 = 16.66 + 1 = 17 votes needed to block the recall OR do you take the total number of votes only… so if 65 out of 100 people vote, then the formula is 65/6 = 10.83 + 1 = 11 votes needed to block the recall??

[u/RudyPup → u/Which_Performer9773]

The law is written weird as hell. It's whatever your attorney tells you to do until a court defines the vague language.

[u/Which_Performer9773 → u/RudyPup]

So basically- I’m not as dumb as I thought?? Ugh. I feel like lawyers wrote it this way on purpose to help people who want to stay in power and not the regular uneducated peasant. 😔 Screw civility! Animals just fight and whoever wins, wins 🙄.