Removal of a Board Director

I was a Board Vice-President. Until the Board President and Board Secretary/Treasure vote to remove me as Board Officer. Mean while I am still a Board of Director and our Bylaw said only the majority of HOA members will be the only one to remove as a Board Director. Even I sent a copy of our HOA Attorney letter explanning who can remove an Officer and who can remove a Board of Director, to the Board Officer, as well the Management Company.(This community are single families homes)

I had not giving my resignation as Board Member in writing or verbaly.

The management company are saying that was a Motion made by the Board of Director accepting my resignation. Which not true, I had not Quit or resigned, as I said before.

Since the Secretary/Treasure is the point of contact, with the managment company and as well with the HOA Attorney. The HOA attorney does not respond my letters or phones calls, since the HOA attorney does not have authorization from Board Secretary/Treausure to respond to me.

Everything started, when I give some sugestions that the Board President should be talking and directing the Board Meeting, but since he does not speak or write any English, even we had to translate him. The Secretary write everything for him and he does not have any clue of what he is signing, Them when the violations were send, some members complaim that how was possible the Board President was in violation with a tent on his back yard that everyone can view since his property is on one of the pond of the subdivision. Them I told him that he need to correct his violation and he need to set up an example in the community, not because he is in power he can break the Rules on the CC&R.

What can I do? I send letter to DBPR and there is nothing they can do? I don't understand how they made the HOA law if they can not enforce!

Thanks, for any suggestions...

Concern in south florida.

Sounds like you live in a predominantly Spanish speaking community and the President does not speak English? Perhaps something got lost in a translation? At the next BOD meeting do ask the Board members how they concluded you have resigned?

I wasn't removed from the board, they decided not to invite me to any more meetings. The board was spending association funds on attorney fees to have two boat lifts removed from our dock. The boat lifts were placed in slips that were deeded and owned by the two homeowners. The construction of the boatlifts were approved by a prior board. The president and vice president of the last board had a vendetta against one of the boatlift owners and decided to go after his boat lift. The prior board has depleted our entire reserve fund paying attorney fees which amounts to over $43,000.

Our By-laws state that it takes 51% of the association to remove a member from the board. Also, a board member can be removed if they miss three (3) consecutive regular meetings of the Board of Directors. Unless your By-laws has other provisions, I don't believe you can be removed

If anyone reading this has a suggestion about the last board spending $43,000 without board approval, I would like to hear from you. I would like to know if they could possibly face legal action.

Which state are you in, See your CC&R,if you feel the money spending widely or concern about money being spent on. You can always hire an auditor to audit the book. My HOA having same problem. since day I joined to the board, I opt out trouble maker vote. I still invited them to the meeting but their vote won't count. I have 90% of home owner would like to remove them off the board. But because my CC&R is accumulating vote. So process to remove those trouble make will take at least 5 to 8 months.

I think based on you what you told it seem like they just opt out your vote and not invite you to any meeting. Best option I think you should review the CC&R. Then hire an auditor to audit the financial

Can you find any past minutes where motions were passed to spend this $$?

What about other board members who were looking at treasurer's reports every month and saw funds being spent?

Board members usually are not "invited" to board meetings because they are held regularily each month or some other regular interval.

As a board member, why do you think you should have been 'invited'?

So in reality, you missed the meetings.

From what you have posted, the expenditures have been revealed in an open manner. You are the one dissenting vote. Perhaps there is another side of the story.

To answer SusanW1's post, our By-Laws require that written notice of each board meeting be given at least 30 days prior to the meeting. Also, such notice shall specify the place, day and hour of the meeting. In the past, the Vice President would call me to announce an "Executive Session" with just a few hours notice. October 9, 2010 was the last meeting I attended. Other board members verified that no other meetings were held until May 7, 2011. Since I didn't receive written notice, how else would I know about a meeting without a phone call or an email? I've owned property in this community for nine years and lived here for eight years. I have served on the board for six of those years and have never missed a meeting until the last board took over.

You stated in your post "the expenditures have been revealed in an open manner". That's not the case at all, even at our annual meeting the Treasurer refused to reveal the financial information.

There is always two sides to ever story but my side didn't waste $43,000 of the Associations funds.

Donna,

I am totally confused. What is D&C? You vote for only three directors?

‘We are 3 months late fro our open meeting. Today, I received a letter from the property management company that we are having a meeting along with a proxy. There is no explanation for the proxy (but I know otherwise).’ [Donna]

Not sure what type of meeting you are describing? Your Annual meeting was in April, right? Why there should be an explanation for a proxy to begin with? Regardless, it seems your chances for a good working relationship with the board and the MC are not very good at this time.

Do whatever you think is in the best interest of the membership.