Petition for order deeming recall of board of directors of respondent successful and setting special members meeting for election of replacement directors. Petition granted.
The court finds that respondent association has a total of 72 members. At a duly noticed and conducted special member’s meeting held on 04/04/18, a quorum of the members was present in person or by proxy, and that a total of 45 valid votes were cast on the recall of respondent’s board of directors.
The court finds that 27 association members voted in favor of the recall of all board members, and 18 members voted against, with an additional two ballots being disqualified for defects.
Corporations Code § 7222(a)(2) authorizes the removal of any or all board members if the removal is “…approved by the members (Section 5034)” Corporations Code § 5034 states that “approved by the members” means approved or ratified by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which
Hearing Date
April 27, 2018
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Petition for order deeming recall of board of directors of respondent successful and setting special members meeting for election of replacement directors. Petition granted.
The court finds that respondent association has a total of 72 members. At a duly noticed and conducted special member’s meeting held on 04/04/18, a quorum of the members was present in person or by proxy, and that a total of 45 valid votes were cast on the recall of respondent’s board of directors.
The court finds that 27 association members voted in favor of the recall of all board members, and 18 members voted against, with an additional two ballots being disqualified for defects.
Corporations Code § 7222(a)(2) authorizes the removal of any or all board members if the removal is “…approved by the members (Section 5034)” Corporations Code § 5034 states that “approved by the members” means approved or ratified by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which