BOD position

Was he elected to the specific office of the Presidency (the ballot said I cast my vote for abc to serve as president) or just to the Board (I cast my vote for abc to be a director)?

Basically, whomever placed them in the position are the one's who can remove them.

If he was appointed to the office of President by the Board, the Board may remove him from the office but not from the Board. To remove him from the Board, the membership will need to vote him off the Board. The Board could call a special meeting of the membership for the this vote or ask that the individual resign.


People serve at the pleasure of those who place them there. Therefore, they may be removed with or without cause (a reason) by those same people.


The Board should inform the membership about any changes as soon as practical. Identifying the individual as Member at Large (MAL) means that the person is still a Director and still sits on the Board. They still have voting rights in any Board decisions. They just do not hols an officer position (President, VP, Treasurer, etc.). Without a reason given, it's possible that the person didn't do anything wrong but was just too busy with his normal job to devote the time needed for this volunteer position. It's also possible that there were other reasons.

Again, an individual may be removed with or without cause.


Based on what you have posted, the member still sits on the Board and should continue to attend all Board meetings. As a Director, he has the authority to question the validity of the minutes and motion to amend them (he may or may not be out voted on that motion). If he believes that something is wrong, he should continue to ask questions.

Note: Conflict of interest is not necessarily illegal. It can certainly give a perception of wrong doing which is why Associations should try to avoid any conflicts of interest.

Tim

Kj19450,

You may be confusing the office of president with being a board member. In the more common scenario, the membership elects the board members and the board electes the officers. In that case, yes, the board can remove the president, but the (now former president) individual still remains a member of the board.

Remember, when presiding over meetings, the presiding officer (president) is supposed to be impartial. In difficult issues where the president has a personal interest, he is, according to proper parliamentary procedure, supposed to turn the gavel over to the vice president.

Usually, the president can be removed with or without cause, which means for any (or no) reason at all. Perhaps he doesn't run meetings properly, or takes up too much time with personal issues, or causes friction between the board members. He doesn't have to be doing anything "wrong."

I suspect, as we've learned from other threads on this forum, that there is more to this story than what is being said in the original post.

For starters, are you the (former) president in question?

BOTH board members are the president? Surely, you don't mean that. Perhaps one is president and the other is vice president. I assume you are saying that the current vice president is the former treasurer?

OK. If what you say is true, it does sound like a little hanky-panky might be going on. It would appear to me that an independent audit by a certified CPA is in order. The problem, as I see it, is if these two had enough support to have you removed as president, you're not likely to get the support of the board to require an audit.

There are a couple of things you can do here. First, you might see what your declaration (CCRs), bylaws, and state laws have to say about conflict of interest. Also, if you can convince enough homeowners that the association is really being short changed here (possible fraud?) then you might be able to get the members of the association to vote to demand an audit. Otherwise, you're only recourse might be a civil action (lawsuit) against the association. Of course, that's on your nickel.

Keep in mind that if it is discovered that funny business is going on with your association's finances, it could affect the Fannie Mae and Freddie Mac certification of your association and that could have an affect on the ability of prospective buyers of units for resale to obtain mortgages.