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LWV weighs in with official statement on first-ever recall election

June 12th, 2009, 4:00 am · 3 Comments · posted by Teri Sforza, Register staff writer

Here is the official word on the first-ever, contentious recall election which is now under way in Laguna Woods Village. (Read more about the hows and whys by clicking here.)
LAGUNA WOODS BOARD DISCUSSES RECALL PETITION AND ASSOCIATED EXPENSES; PLEDGES TO CARRY OUT A FAIR AND INCLUSIVE ELECTION

LAGUNA WOODS, Calif.-June 10, 2009-The United Mutual Board, a homeowners’ association in Laguna Woods Village, on Tuesday discussed an effort to recall four of its elected directors.

Since receiving the recall petition on June 1, the board has been informed by professional consultants that it could cost anywhere from $82,000 to $121,000 to conduct the recall vote. The board has no choice legally but to carry out the recall at this point, and voted for funding and process to carry it out.

This process already has - and will continue to - demand an enormous amount of time, effort and attention from this board, as well as our managing agent,” United Mutual Board President Lloyd Foster said in a statement read at an open meeting yesterday. “This will preclude us from executing our regular duties and fiduciary responsibilities in the most constructive and effective manner.”

The recall petition presented by Mr. Michael Curtis on June 1, 2009 was signed by 409 petitioners, just over the required 5%. The board is concerned about the recall costing residents a significant amount of money, and the potential negative public image of the entire Laguna Woods Village community.

“As directors of the United Mutual Board, we are dedicated to the constructive support of the residents of Laguna Woods Village. The past two years of relentless attacks, allegations and name-calling by certain residents have had a profoundly adverse affect on our residents, their families and potential newcomers to our community,” Said President Foster.

Elected to the board last fall, Curtis was the primary force behind the petition drive to gather the five percent of owner signatures needed for a recall vote. Besides Foster, the petition targets board members Linda Wilson, Marty Rubin and Gail McNulty for removal without cause. State law governing corporations, including mutual housing corporations, sets few restrictions on recalls, including who may be recalled without reasons by membership vote.

To run the recall election, the United Mutual Board has hired TrueBallot, a professional firm that administers elections nationwide. Foster said this step will ensure the security, accuracy, and efficiency of every ballot.

Foster vowed that the board would conduct the election fairly and democratically to ensure that every United Mutual member gets the chance to vote, regardless of whether they favor or oppose the recall of the targeted directors. He said the board is working with attorneys to determine the proper steps and timing for the election, and will announce details of the process and set out notice about the recall vote within 20 days of receiving the petitions.

“We believe that this will be the first time in the history of Laguna Woods Village that a recall election has been held,” said Foster. “Therefore, we have no precedents to guide us, and we are proceeding with care to ensure that it is done correctly and can withstand scrutiny.”

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Posted in: ElectionsHomeowner associations
 
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 3 Comments

  • Dawn says:

    Of course, the incumbents are going to complain about a recall. The incumbents stand to lose power. While cost is regrettable, it is unavoidable. Had the incumbents paid attention to their constituency, the likelihood of a recall would be far less. Just because a recall has never happened does not mean it is wrong or unwarranted. Once again, homeowners’ associations demonstrate that sometimes abuses of power and authority can be stopped. Even the association’s “spin” did not stop the people from speaking — thank goodness!

  • Sunshine says:

    Hurray for Mr. Curtis’ persistence! What a scam this is. If only it was the only one being perpetrated by a HOA and its property management co.; sadly, it is not. Abuse is rampant. It is a nightmare for homeowners and hard to escape-unless homeowners band together and “throw the bums out”, then insist on complete transparency and stay involved and make a new board fully accountable. May need some CCRs changes to close the loopholes.
    Lots of people making making big money off unsuspecting, trusting homeowners now. They’ll not give up the money and power gladly.
    Most will come up with every excuse in the book-and their property management cos. will probably help them.

  • pragmatic says:

    It is foolish and wasteful to spend money on recall elections given it is extemely hard to get directors out. Most CCRs allow for cumulative voting or require a super majority of respondents to oust a board member. Instead of complaining and lobbing off ignorant comments about “people making big money,” the whingers should get off their butts and run for the board themselves. Once they figure out how much work it is and how ungrateful some of the homeowners can be, they’ll probably shut their traps and run for the hills. I’ve seen our HOA derailed with big election expenses over this nonsense and now nobody will even be on the board, and I don’t blame them!

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