Board Member Removal Request

Started by JohnN9 • 5 replies • 1251 views

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

⚡ Takes 30 seconds

Already a member? Log in

JohnN9 (Florida)
Posts: 1

Posted:

Can a lot owner demand that a meeting be called for the purposes of removing a board member siteing "conflict of interest"? It is known by the lot owner that the board memeber's home had Lis Pendens recored against it last December. The current status of the foreclosure is unknown but the board member still occupies the home. It might be necessary to know the "lot owner" has expressed a grudge with the board member and wants their spot on the board... Thanks in advance for any opinions shared.

FredS7 (Arizona)
Posts: 927

Posted:

Your documents will describe the process for removing a board member.

It is possible that this can be done at a homeowner-initiated meeting. It will certainly require more than one person's "demand."

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lis pendens is Latin for "suit pending."[1] This may refer to any pending lawsuit or to a specific situation with a public notice of litigation that has been recorded in the same location where the title of real property has been recorded. This notice secures a plaintiff's claim on the property so that the sale, mortgage, or encumbrance of the property will not diminish plaintiff's rights to the property, should the plaintiff prevail in its case. In some jurisdictions, when the notice is properly recorded, lis pendens is considered constructive notice to the other litigants or other unrecorded or subordinate lienholders. The term is sometimes abbreviated as "lis pend".

In current practice, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. Recording a lis pendens against a piece of property alerts a potential purchaser or lender that the property’s title is in question, which makes the property less attractive to a buyer or lender. After the notice is filed, anyone who nevertheless purchases the land or property described in the notice takes subject to the ultimate decision of the lawsuit.

One is innocent until proven guilty.

JayP3 (Florida)
Posts: 154

Posted:

Typical docs. give the BOD the power to decide which director holds which officer position but NOT to remove a director from the BOD.

So basically the BOD can only shuffle the positions.

The members have more power, at least 50% +1 do.

Currently in Fl HOAs 20% of the membership/lots, in good standing, can compel (via petition) the BOD to call a meeting for any issue. However, the BOD is not compelled to take any action on the issue.

To remove a director from the BOD requires either a resignation, failed re-election, or Recall.

Recalls can be done at a meeting or, in some cases even easier, by a petition in which 50% +1 of members/lots, in good standing, sign in favor of the recall.

There are some additional requirements for recalling a quorum (or more) of the BOD directors but this is the basics.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As Jay said, the board only has the power to remove the individual from their Officer position (providing someone else will do that job).

However, if the board desired, the board could make a motion to hold a special meeting of the membership for the purpose of recalling the individual. If that motion passes, you don't need a petition from the membership. It's also possibe that, if that motion passes, the individual you want removed may resign.

Are you currently on the Board to make such a motion?

JayP3 (Florida)
Posts: 154

Posted:

Don't EVER rely on the BOD to pass a motion at a special meeting to conduct an election to recall one of its members. Ha Ha Ha... it won't happen!

The power given to an individual (i.e. lot owner) is to go door-to-door with recall ballot(s).

Otherwise organize for the next election and replace the director.

🎯 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