Recall Q&A

The election to recall  Director Brenda Carr has inspired dozens of comments on San Lorenzo Patch. To help sort out the facts from the opinions, we're starting a recall Q&A to answer residents' questions. You can post a question in the comments section below and we'll try to answer it.

SLVHA administrator Nancy Van Huffel helped answer the questions below.

Q. Who started the recall election and why?

A. A small, ad-hoc group of concerned citizens working under the name Committee to Recall Brenda Carr began circulating petitions around the Village in early October. Keith Barros, who helped spearhead the effort, said that he and others felt Carr was disruptive and was distracting the board from important business. The group has also accused Carr of ethics violations and impropriety in her role as a director.

Q. What laws or rules govern a recall on a homeowners' board and is there any burden of prove the accusations outlined in a recall petition?

A. A portion of the civil code called the Davis-Stirling Act governs homes associations in California. The association's own bylaws may bear on the process, but Davis-Stirling supersedes these rules.

In order to initiate a recall, those in support must first gather signatures representing 5 percent of the association's membership—in this case, about 300 homeowners. Though every home is considered to represent two voting members, a single signature from that address would count for both.

Petition signatures are then certified by the association's administration, to ensure that they in fact represent members. Signatures are verified by address.

Although the individual or body being recalled must be given an equal opportunity to respond in defense, the party initiating the recall has no obligation or burden to prove impropriety or misconduct in order for the recall to proceed.  

Q. I've seen the Davis-Stirling Act referred to in many of the user comments. What is this and how does it relate to the recall?

A. The Davis-Stirling Common Interest Development Act is a portion of the California civil code which governs homes associations, among other entities. It's chapter on recalls can be found here. 

Additionally, Director Carr has voiced concern that the association was operating in violation of the Act by refusing to keep minutes of its work sessions. According to board President Kathy Martins, the association's attorney maintains the board is on the right side of the law. 

Q. What is the role of the Homes Association Board? How are board members chosen?

A. The primary role of the San Lorenzo Village Homes Association Board is to enforce the association's covenants, conditions, and restrictions (CC&Rs), a group of rules meant to protect property values in the Village.

Because San Lorenzo is an unincorporated community with no mayor or city council, the board also functions as an important liaison between county officials—sheriffs deputies, district supervisors, planning and redevelopment, among many others—and the community. It sponsors and/or hosts community events that might otherwise be the purview of a city government.

Finally, as the oldest and largest homeowners' association in the state, San Lorenzo Village Homes Association administers a sizable budget, which the board approves. 

The board's five members are volunteers. Though the position is elected, many recent board members won their seats by acclimation, meaning that they ran unopposed.

Q. I haven't received a ballot. How do I get one and when does it have to be returned?

A. Some ballots have not yet been mailed, and many others may still be in en route. Only homeowners (not renters) will receive a ballot. Ballots must be returned by Jan. 31, 2011.  

Q. Who administers the recall, how much does it cost and who is paying for it?

A. The recall is administered by the staff of the Homes Association (different from the board), but will be attended by an inspector of elections—a paid, independent observer—who will oversee the ballot-counting process. So far, the association said it has spent $5,500 on the recall process, but acknowledges those costs could increase. Election expenses are built into the association's budget. The budget is paid for through members' association dues. 

Q. If the recall is successful, what happens next? 

A. Former board member Wulf Bieschke would serve the remaining year and a half of Director Carr's term.

Q. What happens if it fails?

A. Director Carr would serve out the remainder of her term.