How to remove a director in Texas

Started by CW5 • 4 replies • 2661 views

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CW5 (Texas)
Posts: 11

Posted:

Is there anyone who understands the laws in Texas that can advise us on how to remove a director for dereliction of duty? We have a longstanding director on our board who has refused to comply with several requests for documents as mandated through the Texas Statutes Open Meetings Act. Our POA is now in a position that we can be sued by members based on this dereliction. Our bylaws state that the members can remove by a majority vote, but the board itself needs to take action as this member is also refusing to provide documentation to the board so that we can respond to the members requests.

We are in a county that is adjacent to a county of more than 4 million, so we are also governed by other state statutes, specifically as the Government Code.

ANY help would be appreciated.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't have much time to answer your question in full but here is a quick response. The anser is in your own documents. Look there in the CC&R's or By laws which are PUBLIC documents and on file at your local coyurthouse.

HOA's are always in position to be sued for this or that. Stop thinking that way and use the powers in your own documents and numbers. Don't look for outside sources to force internal issues to work. Work from the inside and stop the witch hunting and start the ditch digging to get things to work...

Former HOA President

BrianB (California)
Posts: 2,820

Posted:

read your by-laws. there should be something in there for removal of board members, recalls, petitions to recall, etc.. Or, at the next annual meeting, simply vote them out, or enough new members in to elect a new president.

the power of a ballot, and a well informed electorate...

LarryB13 (Arizona)
Posts: 4,099

Posted:

Forget about removing him and focus on getting the records back.

The board needs to meet in executive session and demand that this guy surrender the association's records to the board. If he refuses, then the rest of the board members need to pass a motion to seek an injunction for the return of the records. Then take him to court; he does not have a leg to stand on.

TimB4 (Tennessee)
Posts: 21,062

Posted:

CW5,

Didn't we address recalls in your previous thread back in August?

Subject: Recall Vote for Entire POA Board

The procedure would be the same for one Director as it would for the entire Board.

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