getting rid of board members

Started by CharlesG5 • 8 replies • 2270 views

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CharlesG5 (Florida)
Posts: 60

Posted:

I am on the board of a 600 home HOA in Florida. Want to put in our documents that any board member who miss _____ meetings must resign from the board. Our board members are elected for a two year terms. Any suggestions.

JeanneK3 (Maryland)
Posts: 562

Posted:

Try this:

A Director shall be automatically deemed to have resigned if not in attendance at three (3) consecutive regular meetings of the Board unless the minutes reflect the consent of the Board to such absences

Jeanne

JeffP6 (Florida)
Posts: 91

Posted:

Ive looked a lot at different locations and cant find anything at this point. I would definitely have the Board lawyer look at the change.

720.306(9), "all members of the [homeowners] association shall be eligible to serve on the board of directors."

Thats the only thing that I can find.

There is a section on preventing voting of a delinquent homeowner -

720.305(3), "if the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days

but unfortunately I cant find anything on removal of a Board member for not being at meetings.

However - our bylaws provide that a Board member may be removed with or without cause. You may want to look at whether you have something similar in your docs that would allow you to remove the memeber.

MaryA1 (Arizona)
Posts: 388

Posted:

Charles,

Normally a director can only be removed by a vote of the members. However may bylaws contain two reasons for the board to remove a director: 1) missing 3 consecutive meetings (unexcused absences) and being delinquent 30 days or longer. Some bylaws can be amended by the BOD w/o a vote of the members. But, regardless, it may be worth the trouble of calling for an amendment even if the members are required to vote on it.

DonaldN (Connecticut)
Posts: 183

Posted:

I would prefer "missing x meeetings during the fiscal year" - 3 consecutive allows for missing every other which doesn't solve the problem .

MaryA1 (Arizona)
Posts: 388

Posted:

Donna,

Consecutively means missing 3 in a row.

RichardP13 (California)
Posts: 1,767

Posted:

We just passed new Bylaws in August. We put language in the qualifications for directors that: 1) be at least 18 years old 2) they be an owner 3) no 2 owners from same household 4) miss 3 consecutive meetings or 3 meetings in 9 months. The attorneys put may, instead of shall in removing a sitting board member if they fail one of the qualifications while in office. Our directors now serve for one year, so we will have elections for all 5 positions once a year.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Putting "may" there makes sense. You wouldn't want to boot a person if they were ill or some other good reason that they can't physically attend meetings.

So the board can or does not have to, it's their choice. At least this gives them the power to do so.

MaryA1 (Arizona)
Posts: 388

Posted:

IMO, it would be much better to state "unexcused absences" instead of saying "may".

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