How to remove an HOA board member

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Need to recall a member of your community association’s board? Here’s how.

There may be any number of reasons that homeowners in your community want to remove a member from your HOA’s board. Perhaps a member committed a fraudulent act, has a felony conviction or isn’t performing the duties required of them as a board member. In any event, it is possible for your homeowner association to remove (or recall) a board member. Here’s how.

  • Check your governing documents. They should state the necessary procedure for removing a board member, including how votes can be submitted, the percentage of votes needed for removal, how newly vacant board positions should be filled and whether any third party involvement is necessary.
  • Check your local and state laws. Some may have additional laws your HOA is required to follow.
  • Start a petition. Initiate a proposal to remove the board member(s) and get signatures from homeowners. You may or may not need to include reasons for the removal, depending on your HOA’s governing documents and state laws.
  • Have a plan to fill vacant board positions. Should your petition be successful and the necessary number of votes is collected, you’ll need to fill those newly vacant board seats. Your HOA governing documents may determine how this must happen, but it’s best to have a plan in place before heading into a vote.
  • Hold a meeting for voting on the board member’s removal. Check your governing documents or state laws as they may dictate when and how you hold such a meeting, and how much advance notice is required to homeowners.
  • Vote for a new board member or members. If the vote is successful and old members are removed, it’s best to elect new members immediately to fill those positions. Otherwise, the removed members will continue to serve on the board until new members are elected.

Removing a board member should only be done after careful consideration and for the greater good of the association. If your HOA is unsure of how to remove a board member, consult with legal counsel.

This article contains general information; individual financial situations are unique.

Source: The Management Trust, Lawyers.com
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