removal of officer

Started by KathleenD • 3 replies • 1930 views

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KathleenD (Florida)
Posts: 1

Posted:

by-laws of our small hoa allow for removal of officers of the Board for "no cause" There was reason to remove an officer of our HOA, he has now gotten an attorney threatening the remaining Officers...contending that we hold illeagal meetings (which we do not- all are properly noticed) We cannot remove him from the board unless we have a majority of members vote in this regard. We intend to attempt this at next annual meeting. He recently authorized $800 landscaping work on his neighbors property. He does not have control of the checkbooks so this obviously will not be paid, and the homeowner says he wants his property restored and did not request the work to be done on his behalf.
Any advice on how to control a loose cannon?

RogerB (Colorado)
Posts: 5,067

Posted:

Kathleen, the Board can remove him from office but not the Board as you noted. Upset people often threaten but seldom follow through. If your HOA business is properly conducted he has no legal case. If he took it on himself to have landscaping done without Board approval it is his responsibility and not the Board's. If the bill is sent to the HOA return it with a note that this is not an authorized HOA expenditure. The homeowner where the landscaping was done needs to discuss his problems with the landscaper and the Board member who allowed them on his property.

KennyD1 (Texas)
Posts: 51

Posted:

Hear whats sounds abit strange. The homeowner who had new landscape done did nothing to stop them? When a contrator comes onto my property and even before they start the work they should make contact with the homeowner. I'm not covering for this board member action, it just sound wierd to me that someone can just come onto someone land and not make contact with the owner.

GregoryB (Florida)
Posts: 15

Posted:

Our community recently went through this process with two of our three board members. The process we used in FL was in accordance with our docs that required a vote from a majority of our members approval. We also gave them the option of resigning before the vote.

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