Ineligible board member

Most Bylaws specify that Robert's Rules of Order Newly Revised (RONR) apply to procedures related to voting. If this is your case, a "Point of Order" must be raised at the next meeting of the board or the membership. Because this is a continuing violation of the bylaws, there is no time limit on raising this point of order. (See RONR pages 240 ff section 23).

After the motion for a point of order passes, the remedy for this situation can be proposed by additional motions. Certainly the ineligible board member must be removed. Then a new member must be installed in accordance with your bylaws, usually an appointment made by the remaining board members. A motion must be made to accept and reaffirm the result of all votes taken previously that included a vote by the ineligible member. Alternatively, individual motions may be raised again for a new vote by the newly constituted board.

Do your governing documents specify that the board member must be an owner. Many communities allow for outside parties to be board members.

For example, our documents allow that board members must be qualified to hold the position in that they "must be members of the Association or officers, partners, trustees, employees or agents of members of the Association"

If this is the case, you wouldn't have a problem.

There is a body of case law regarding invalidation of votes taken by an improperly formed board, because a board that is convened by improper means has no standing to approve motions. This goes beyond just HOA procedures and is a precedent upheld for any corporation. Each vote of the illegitimate board must be reaffirmed by a legitimate board. Either the legitimate board must reconsider each vote individually, or they can reaffirm all prior votes in one omnibus motion.