The first step was collecting signatures, we exceeded the amount needed, they were verified, and delivered publicaly to every member of the board on February 25, 2020.
The board goes through there verification process, and then are required by law to hold the special meeting for a vote within 30 days after petition is delivered.
During this time all board members are able to make decisions on behalf of the community and choose how the oversight to the recall is handled. They are able to decide who verifies signatures, who counts the votes, and what lawyer will oversee the recall.
The two board members in the middle of a recall hand picked and appointed two new board members during our March 19th meeting. During this meeting they also postponed the recall vote. We are expecting the recall to be held at the end of April, as it is an AZ Statute to hold the recall within 30 days after petition is turned in.
If the President and Vice President are recalled, the remaining BOD members appoint those two seats with members of their choosing, there is no vote. **If they do not replace the current open position the community will have the opportunity to vote**
The new members that are appointed will serve out the term of the BOD members they are replacing.
What We Can Do To Ensure A Fair Recall
- Email or certify mail the board and request an independent 3rd party to oversee the recall.
- Email or certify mail the board a request that a new independent lawyer oversee the recall process.
- Email or certify mail the board that they do not place an new member until after the recall is completed, and request that if they do they go with the individual that gained the most votes in our Novemeber election.
RECALL UPDATE 3.27.2020
Thank you all for your continued interest in making Val Vista Lakes a community of neighbors and friends living together in harmony. The purpose of the recall election was to remove the leadership that had taken over the board, with a self-serving purpose, lack of professionalism, and contempt for community input when it didn’t suit them.
Arizona State Law is very specific and requires the recall process to be completed in 30 days from submission of the petition request for a special meeting, and that date was March 24, 2020. Ironically, the two individuals under recall felt it was okay to have a discretionary monthly meeting via webinar on March 19, 2020, but that it was too dangerous to have the recall meeting. If that isn’t self-serving, I don’t know what is.
In order to represent the community interests, the SaveVVL Group has retained the Dessaules Law Group, to attempt to have a fair and unbiased recall election process. While not a surprise with our current board leadership, that has not occurred. Despite a commitment that Jon Dessaules would be involved in all emails and the voting process, this has not happened. The voting process was flawed from the beginning with our staff community manager in charge of the process rather than that of an independent attorney. With the board and community manager running the process; ballots were color coded, they had access to on-line voting records, and then kept the community in the dark as to when the election would take place and the delivery of the ballots until the day they arrived. If that wasn’t enough, they told everyone that the clubhouse was closed, without providing an opportunity for homeowners to deliver ballots to the Clubhouse. This was not true, and those opposed to the recall sent a group out to harvest ballots and deliver them to the clubhouse that the rest of us thought was closed.
At the March 19th discretionary meeting, the Board, with no notice to the owners, added an agenda item to stop the recall election, without giving any other information. As members of the SAVEVVL Group, we are committed to showing documentation to substantiate what is happening rather than just fabricate or twist the truth. We would ask that you look at the following correspondence to understand how corrupted the recall process has become, the continued disregard for community input, secret meetings, and attempts to hide the truth from the owners.
We have asked the Dessaules Law Group to reach out to the Mulcahy Law Firm, the VVL HOA Attorney responsible for the recall and to follow the recall process that was handled by them in 2015. For the record, they conducted a completely independent recall process under a secret ballot approach, with the ballots going directly to the law firm. We are asking that we utilize the same approach and paper ballot system to ensure fairness and transparency, so that the community may once again trust the board and begin to repair the damage that has been done by these two individuals.
Rest assured, that despite the tremendous stress that we are all under with the Virus, we have not abandoned the recall process, and will do everything in our power to make it fair.