💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

FionaC (California)
Posts: 212
Posted:
Curious.. this is the first attempt on behalf of our HOA to remove an individual director.

Had it gone over easily for others? Did it take alot of footwork to press the issue with other members, was it well recieved? Curious how it went for others.
JeanI (Louisiana)
Posts: 112
Posted:
Removal of directors procedures should be set out in your bylaws or state law govening non-protit corporations. Tred lightly on this action as you will find it difficult to get willing volunteer board members in the future.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Fiona,

I didn't petition for a recall. Instead, I focused on an information campaign (newsletter) to the membership to make them aware of what the board was doing and petitioned for amendments to the governing documents. Over time - the individual Directors finally got tired of being raked through the coals after every Board meeting in my newsletter that they chose to not run again. It took the campaign three years to get the main individual off the Board.

During that three year period, I slowly gained support from the membership and votes to place me on the board, as members learned the issues were real and it wasn't just a personality conflict or someone venting.

End Result - Some (not all) who were on the board during my campaign still resent me. If they talk about me, I don't hear about it. However, every year someone still writes NEVER next to my name on the ballots. I suspect it's a disgruntled prior board member.

Bottom line is, who ever heads up the campaign will not be making friends with the people they try to recall. Depending on the personality of the individuals involved the may settle into a simple dislike of each other or (worst case) plots of revenge. Therefore, whomever leads the recall effort needs to be confident about themselves and have the ability to let things roll off their back.

Tim

PeterD3 (Florida)
Posts: 708
Posted:
You may wish to ask Californians since it will be different from state to state.

Florida is easy, no meeting, just a state supplied ballot and 50% +1 of the membership. Door to door collection and then serve it on the assoc.
RichardP13 (California)
Posts: 1,767
Posted:
My best guess, becuase of the low number needed, the recall will be blocked.
SusanB22 (California)
Posts: 5
Posted:
We have a very difficult time getting people to even consider being on our BOD. We usually operate with the minimum number required for a forum. If you oust this rogue member, is someome willing to step up and replace them? I have found that people are always quick to cirtize the board but when it come down to it, no one is really willing to help by even serving on a committee.
Fiona, you memtioned in one of your recent posts that your are currently on the board, are you seeking the President's position? If so, did you make it clear after elections that you were interested in being President?
MichaelK11 (Texas)
Posts: 432
Posted:
My experience was similar to Tim's. People's feelings were hurt, and they are still hurt.

We recalled 6 of 7 Directors. (The remaining Director appointed a new slate; and we held new elections at our Annual meeting, which took place within 3 months of the recall.)

In our case, real money was at stake. The old Board was caught up in a lawsuit they showed no sign of winning, which appeared in many respects to be ill-founded and based on personal dislike for the target of the lawsuit. They had severely misled the neighborhood on several critical items, and they effectively took their seats by breaking the rules and refusing to run an open election.

One of our major efforts when we took over was to put that all behind us. We strictly avoided speaking openly about their behavior or pointing fingers. (At the same time, we spent a year resolving the lawsuit. Our predecessors refused to provide any information about the HOA's lawsuit, claiming it was privileged. Yes, we know that's absurd.) We did not respond to homeowners who wanted to see them held accountable.

This is something that should not be done based on personal dislike, petty arguments, or difference of style. Even if someone says things that may be inappropriate, if they are not causing irreparable harm in legal or financial terms, then why not simply elect someone else at the next election? If the problem is that no one wants to stand up and do a better job, then a recall will not change that. There are worse things than unpleasant and silly people on your HOA Board.
LoriM6 (Georgia)
Posts: 1
Posted:
Hello, I actually have a blog that discusses this topic. You can find it at http://atlantahoaservices.wordpress.com/2011/09/13/how-to-remove-a-member-of-the-hoa-board-_-atlanta-homeowner-association-management/.

Thanks,

Lori
EbonyJ (Tennessee)
Posts: 62
Posted:
Has anyone in TN accomplished this? Our declarations state the the board must approve any proxys. We did remove our board long 3 month process knocking on doors, but now the prior board is suing to be placed back on the board...so take your time and read everything carefully in your declaration
VickiC1 (Texas)
Posts: 36
Posted:
DFW TX area
when our subdivision transferred from the developer's control to the HOA association's control in 2008--the new bylaws the Board came up with specifically limit the power to remove a director to the Board itself.

The HOA cannot (under these bylaws) take action to remove a director...
which I think is probably illegal under TX law...but those bylaws are what were supposedly approved by the HOA members present at a general meeting...
but there are lots of HOA members who doubt that happened that way...
KellyM3 (North Carolina)
Posts: 2,239
Posted:
A single individual board director, if "rogue," would certainly be an oddball on the board and should have zero clout on official board transactions except on tight votes. Is this worth your time?

Tossing an entire? Maybe worth it.
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By TimB4 on 09/30/2011 12:33 PM
Fiona,

I didn't petition for a recall. Instead, I focused on an information campaign (newsletter) to the membership to make them aware of what the board was doing and petitioned for amendments to the governing documents. Over time - the individual Directors finally got tired of being raked through the coals after every Board meeting in my newsletter that they chose to not run again. It took the campaign three years to get the main individual off the Board.

During that three year period, I slowly gained support from the membership and votes to place me on the board, as members learned the issues were real and it wasn't just a personality conflict or someone venting.

End Result - Some (not all) who were on the board during my campaign still resent me. If they talk about me, I don't hear about it. However, every year someone still writes NEVER next to my name on the ballots. I suspect it's a disgruntled prior board member.

Bottom line is, who ever heads up the campaign will not be making friends with the people they try to recall. Depending on the personality of the individuals involved the may settle into a simple dislike of each other or (worst case) plots of revenge. Therefore, whomever leads the recall effort needs to be confident about themselves and have the ability to let things roll off their back.

Tim


Tim, I appreciate your input. I have decided although I will be doing the footwork, Our petition for example needs only a few signatures to get it moving for a "special election" My name will not be on it.

However, I will make sure that the copy of the petition is given to every person who wishes to get a copy and mail to offsite homeowners as well. IN a sense, I will push for this, but I will NOT be on the initial document. Takes the focus off of me but onto the "others" who are willing ot sign such a document to get things rolling.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here