March 9, 2020
Petition to
Homeowners of Aviana Resort Orlando
Signatures: 18Next Goal: 25
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Why this petition matters

Started by current homeowner

This is a petition to remove the entire HOA Board of Directors and Property Manager of Aviana Resort Orlando. Over a period of time several homeowners have been silenced, discriminated against, racially profiled, and bullied for standing up against the misdeeds of the HOA Board of Directors. We collectively have personally witnessed  one or more of the following: mismanagement of community funds, using community funds for personal purchases, over charging residents with HOA fees to fund personal incentives and projects, non-transparency of community account records, withholding account records from members due to race, hiring and overpaying maintenance workers due to family ties or personal relations, discrimination towards members based on race, failing to seek reconciliation with members prior to taking legal action, failing to notify all of the absentee owners (owners who live out of state) of special meetings, purposefully giving out inaccurate information to absentee owners  based on race or nationality, verbally assaulting members for speaking up and asking questions, electing board members without due process according to CCR's, using absentee owners voting rights without proper documentation according to our CCR's, upholding a conflict of interest by allowing the property manager and their family members to serve on the board and/or control the community funds, etc. If you have more to add or would like to have your testimony added to the petition feel free to leave a comment below.

Here are the bylaws for petition:

Petition Percentage. Members may request a special meeting of the membership for the purpose of removing the entire board or individual directors and the election of new directors in the event the recall is successful. The petition must be signed by 5% or more of the membership (Corp. Code §7510(e)), meaning persons who are on title. The low percentage can lead to abusive recall petitions which associations can take steps to limit.

Stock Cooperatives. For stock cooperatives, the petition requirement is 10%. (Corp. Code §600(d).) -LET'S AIM FOR 10%

Delivery of Petition. Delivery of the properly signed petition to the board is generally addressed in the bylaws. If not, personal delivery to any officer, director or managing agent is sufficient to put the board on notice and start the clock running on the board's duty to set a date for the meeting. The petition may also be sent by certified mail to any officer, director or managing agent.

Setting Meeting Date. Once a proper petition has been submitted to the board, the board must set a date for the meeting and send notice to the membership. The board must also prepare and send ballots as provided for in Civil Code §5115(a).

Meeting Agenda. The only business that may be conducted at the special meeting is the recall of the directors and property manager and the election of new directors in the event the recall is successful. The notice of meeting shall specify those matters the board intends to present for action by the membership. If the board refuses to leave or fails to send the notice of meeting then the membership has the right to seek legal authority to have the board removed by the courts.

Cumulative Voting. If the governing documents provide for cumulative voting, removing individual directors is more difficult than removing the entire board.

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Signatures: 18Next Goal: 25
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to help others easily find and sign the petition.

Decision Makers

  • Homeowners of Aviana Resort Orlando