“We have a letter going out (to the petitioners) acknowledging the recall,” said DBPOA President Dominic Carano. “Our attorney has said that we don’t have to respond, but we will; we’ll take care of it.”
Resident Tony Stellar, on behalf of a coalition of property owners seeking to recall the board, presented the petition to the board on Feb. 3. Among the petition’s bones of contention is the board’s imposition on homeowners of mandatory DBPOA membership that many believe is illegal.
“They did not respond the first time around (to the recall petition),” said Stellar. “We have never received a response orally or through written form, so our attorney told us to give a written request for a response (from the board) and for them to set up a meeting. We have to do that because if we go before a judge, he will ask us if we asked them to respond … I don’t know what else to say; we’re not going away this time.”
Board members Carano, Jack Parker, Dave Ciruli, Omar Hindiyeh, Peter Barlacq and Shirley Tilton were listed on the recall document; Secretary Bobbi Nugent was not.
The board had until Feb. 23 – 20 days from receipt of the petition – to give notice to the membership of a meeting date for a recall election. The coalition sent a certified letter to all the board members on Feb. 23 advising them of their legal requirements to respond.
Under the Davis-Stirling Act – which governs homeowners associations and by which the board agrees it is governed – if the DBPOA board fails to give notice, petitioners can give notice themselves and set a date for the recall election.
But according to Carano, it won’t come to that. “We’ll help them all we can with this process so that they can hold their little recall (election),” said Carano. “We’ll help them with addresses and putting together an election board, but we’re not going to carry the major cost of it. We’re helping them above and beyond, and if they want to recall the board, then OK; it will just give me a whole bunch more (free) time.”