Board Directors Removal

Janna

Members of the class definition.

In an association there can be several members of a class voters. Usually Class A might be the declarant and they may have say 10 votes per lot and say Class B, other lot owner(s) who have one vote per lot.

Usually once the declarant/developer/owner, etc. is gone (association turned over to owners) there will only one class of voter and only one vote per lot/unit.

When the owners take control there will still be many references to class of voter left over but they may no longer apply. Generally in a rewrite these refernces will be cleaned up/deleted so as nto to confuse.

Hope this helps.

It's not way too easy. It's just right. Majority rules.

In Florida it is similar, a vote or written instrument with 50% +1 of members consent (those eligable to vote) is all that is needed. It can even be done without a meeting.

Janna - assuming that the Director or Directors were elected by the homeowners only (and not the homeowners and Declarant), then it only takes a majority, 50% + 1 of homeowners, to remove the Director[s].

Where the petition probably comes in is for the Special Meeting to be called where the homeowners can then vote the Director[s] out. It might read something like this: At any duly called regular or special Association meeting, any one or more Board members may be removed with or without cause by a Majority of the Association members, and a successor may then and there be elected to fill the vacancy created.

So now you have to look under the section in the bylaws called something like Meetings of Members. (Make sure you're not looking at Meetings of the Board of Directors.) Then look for something like this: Special meetings of the members may be called for any purpose at any time by the President, the Secretary, or by request of any two (2) or more Board members, or upon written petition of fifteen (15%) percent of the Owners.

There is more, but that should get you started.

Basically it states by vote or in writing doesn't really mention a meeting. Although, homeowners are able to request the board call a meeting if 1/4 of the voting members request it. Thanks for all of the advice, this situation is just such a mess. We have now discovered the ACC member who is spear heading this demand for ACC approval to plant flowers and remove dead bushes and also demanding fences previously approved be taken down because they don't meet covenants has a personal vendetta because his ACC request to put an above ground propane tank in his yard was not approved. The current board appointed him and are allowing him to speak on their behalf and allowing him to behave confrontational and doing nothing about it. We saw a neighbor who just had a heart attack 2 months ago out in 98 degree heat trimming his bushes because he was threatened with fines if he didn't. Like I said, it's a mess and homeowners are upset. Seeing the posts on this board has given me great insight. Thanks again. I am hoping to voted onto the board and will use this website as a tool.