Is that true? And if so, please suggest our next step in reinstating them.
Under the act, encumbrances on real property such as the covenants and restrictions (the documents) may be rendered unenforceable and may be extinguished. That means that the board will be unable to enforce the rules and regulations and collect delinquent accounts.
Associations that find themselves near this time should consult with their association attorney. Since you are past the time, you need to have the members reapprove the documents. If you do not take immediate steps, you may find that you cannot enforce the documents.
A nonmember could chair a board meeting with the approval of the board of directors. While you may have the opportunity to vote for the chairperson, it is not necessary and rarely requires a vote. There is no requirement or law that says the chairperson must be a member.
You should look for a person who will control the meeting, follow the agenda items, be neutral to all sides of the question, have knowledge of association operations and statutes, and provide professional control of the meeting.
Since very few directors have experience in chairing meetings, it’s often better for an experienced chairperson to handle the duty. When I chaired meetings as the manager, the meetings were shorter, stayed on track of the agenda, and completed business as required. Is that not what most members want?
The answer to your question is simple: Only the board can remove an officer and only the members can recall a director.
The problem with recalls is the strict legal terms that must be followed. For that reason, I suggest that you seek guidance from an attorney. Once you have the proper signatures on the petition, it must be presented to the board. The board then must call a special members meeting to vote on the recall. If the petition is not properly worded or executed, it is invalid and the recall will not be scheduled for a vote.
Since this is such a time-consuming situation, I have another suggestion: Start preparing for the next annual meeting. Since you are going to have to go door to door to get the petition signed, why not start asking the members to become candidates and vote for your candidates? You stand a much better chance to have board members elected to fill the positions you are trying to eliminate.
The section that you refer to of 10 units/$100,000 is a requirement that if you pay someone to manage, they must be licensed as a CAM. If the board is willing to do the work and except the responsibility without compensation, the board is the body with the power to vote to have management or not have management. It is not a members’ vote. The primary factor would be if the board is receiving compensation.