Every homeowners association is to maintain the welfare of their community by maintaining an acceptable standard protocol in all relevant areas of importance to the community itself. This means putting the needs of the community as the first priority in the objectives of each and every member of the Home Owners Board of Directors. However, in some cases, individual board members can not or will not properly handle the responsibility given to them. When this happens, the council as a whole should consider removing the board member in particular.
But before getting into the best ways to remove a board member, consult first with the statutes of the association. These vary from association to association, and state laws relating to association management should also be checked as there are limitations – for example – Florida laws do not apply in Georgia.
If one or more members of the board shows an irresponsible behavior, legitimate removal is necessary for the good of the community. However, before starting a potentially very complicated and long process, the board as a whole must put everything in perspective. Make sure that the removal is based solely on the basis of verified facts and documentation. If a resident plans to file a complaint, he or she – and the HOA went to officials to solve the problem – there is a need to investigate whether the board member is really the culprit.
If it is determined that the board member in effect, be removed, there is a specific process to be followed. Once all the evidence gathered, a formal request to resign must be made to a member of the Board. If the request to opt-out does not work, a more formal meeting between members of the Board is held to discuss the situation. If after this conversation has determined to be in the best interest of the community that this board member is removed, the board has to consult the manual for the board to plan the next steps.
The first step usually involves giving proper notice, either on a scheduled annual meeting – or if more urgent, in a special meeting. A special meeting may be called if the necessary signatures are obtained from members of the community. This ranges from 5 to 50 percent of the members of the community, according to the Covenants and Bylaws of the community themselves. Once enough signatures are acquired for the Board to approve the meeting, a quorum must be established (a minimum number of voters). All homeowners in the community and investors are invited to attend.
At the same meeting, the member of the Board subject to removal must be given an opportunity to defend themselves. Supporters, opponents and Board members should be given enough time to make their case. After the debate is over, the President should appoint independent inspectors to count the votes present. If the board member is removed, the next step is to hold another election to fill the position now vacant.
A board member may be unfair and should be eliminated for the good of the community. However, prevention is always the best tactic. At day’s end, HOA board members should be chosen based on the positive attitude and the good sense to avoid such situations arising in the first place.