Disagreement persists over ASPOA recall | TheUnion.com

Disagreement persists over ASPOA recall

Proponents of the attempt to recall the entire board of the Alta Sierra Property Owner’s Association are not complying with the bylaws or the California Corporations Code, said an attorney who represents the board.

“The board would not stand in the way of a proper recall effort,” said Steve Richert, an attorney, who along with Peter Lemon, represents the ASPOA nine-person board. “However, the current recall action is legally defective on a couple of grounds.”

A recall election must have an election to replace board members simultaneously, as the corporations code said all mutual benefit associations like ASPOA must have some form of a governing body.

Kathy Monteiro, who has led the recall effort in the South County neighborhood since May, said the official vote to remove eight board members will be conducted at 10 a.m. Oct. 19.

“If the board refuses to call the meeting to vote on a recall, then we can call the meeting and proceed,” Monteiro said. “We want to have free and open elections for our community representation and to send a clear message that dictatorial and nontransparent governance will not be tolerated.”

Monteiro said an open election for the board seats will be held on Nov. 2.

Richert said such a proposition is contrary to law.

“If they do this election, it will be a legal nullity,” he said. “The law will not recognize it as valid.”

Richert said he has sent a letter to Monteiro’s attorney to make their concerns known, but have yet to receive a response.

To contact Staff Writer Matthew Renda, email mrenda@theunion.com or call 530-477-4239.

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