Relieving a board member of his duties.

Our treasurer is producing financial information as requested by the rest of the board. We have asked for the check book, and bank statements on numerous occasions and have not gotten a response from text messages, emails and visits to his house (he does not answer the door when he sees it is us). How would the rest of the board go about relieving him of his duties?

Typically the BoD may remove him/her from a position (officer) but only the membership can remove him/her from the BoD.

Asking for financial documents to which you are perfectly entitled is NOT micromanaging. It is the disclosure and transparency to which every memember has a right. Put your requests in writing. Give him a week or so then follow up with phone calls. If this doesn't work, speak to the board president. If that gets you nowhere speak to your neighbors and be willing to put in some time and effort into a recall.

Your board must take immediate steps to relieve the treasurer from his duties. If there is problem with finances, the entire board will be held liable to the community and possibly to law enforcement. Here in Nevada, there is a legal entity called "County Constable" that hires itself out to private (HOA's, too) parties to enforce private agreements. It seems your treasurer is not fulfilling the fiduciary duties of a HOA board member, much less that of a financial manager. Act now!

Tim:

Just so we are all up to speed how long has it been since you were given financials? Are you self-managed or do you use a management company?

How long has this person held the job as Treasurer?

IF the Treasurer on our property acted in a similar manner the first move would be to have the other members of the Board vote him out ASAP.

If you have a managment company I would direct them to cease providing this person ANY financials or other documents. This of course understanding someone else is ready to assume the position.

If you are self managed I would head to the bank either remove his name as the contact person with your Board or close the accounts and open new accounts with his name removed. Then you would need to shift any incoming mail or billings to a new address while informing your service providers he is now the former Treasurer.

Sounds like something is not right and IMO the Treasurer has no right to hold back any documents if a request is being made by a majority of the Board. Is that in fact the case? How many members do you have serving on the Board and where do they stand.

Recall not necessary and would take forever. As far as criminal responsibility if there is any the Treasurer would be responsibile and while failing to do their jobs the rest of the Board could not be charged criminally.

Sounds to me like you need to move on this ASAP. I would head to the bank and ask for copies of the bank statements for whatever period you have not recieved financial reports. THen I would go thought them line by line and follow both deposits, checks, and withdrawals, what amounts made out to who and when. Compare them to the bills you have from vendors and IF you find some questionable dealings by the Treasurer I would stop by the police station or DA's office and ask for their assistance.

Something smells fishy from the details you have provided.

IF you get your records and nothing was done improperly just laziness and putting things off you can then decide if they stay or suggest strongly their time to leave is NOW.

Sounds like to need to move quickly............