Removing HOA president

Started by MohamadJ • 6 replies • 2374 views

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MohamadJ (Georgia)
Posts: 2

Posted:

Hello, I would some information on how to remove the president from her position. The bank served as the board for years since they foreclosed on the builder and treated us like garbage while charging us $1400 for cutting our grass. Many owners including me in the community stopped paying dues because of the lawn service and we didn't receive anything else. I was behind on dues and was never able to reach anyone at the management company and needed to build a fence and I did with their consent but I obtained a permit from the count. There are many water erosion/flooding through out the neighborhood and I'm being accused of altering the water channel that runs through my backyard. The current president was the one calling the board everyday and complaining about the fence and harassing other neighbors. This woman is crazy and very controlling. She is pissed off at the world because her house is worth a $100k less than what she paid for it and they're building the same houses and selling them for less. I have been sued and they won because I was lied to by the management company and I don't feel comfortable living here anymore. What should I do?

GlenL (Ohio)
Posts: 5,491

Posted:

If you don't feel comfortable there and you can afford to, the best bet would be to sell and move. As to how to remove the president from her position, you could either petition the Board to remove her as president and appoint someone else (unlikely) or you could attempt to gather enough support of your neighbors to recall her.

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BethW4 (California)
Posts: 11

Posted:

I think right now you should try to take a correct decision,and move on according to your convenience.

Removing the president from his /her position is not an easy task unless you are having some strong source from behind.

I totally agree with Glen's post.

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MohamadJ (Georgia)
Posts: 2

Posted:

A lot of my neighbors dislike her already. Actually, my neighbors are the ones tell me to file a petition to remove but I've never dealt with anything like this. Does the board or homeowners typically vote to remove her?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Moh

Most Covenants/Bylaws remove the right to vote and or participate if one is not current with their dues.

If you have stopped paying your dues then candidly I see you as part of the problem, not part of the solution.

I could be wrong.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By MohamadJ on 11/04/2012 5:44 AM
A lot of my neighbors dislike her already. Actually, my neighbors are the ones tell me to file a petition to remove but I've never dealt with anything like this. Does the board or homeowners typically vote to remove her?

It all depends on what your governing documents have to say on the matter.

Typically, homeowners elect the directors (members of the board of directors) and the board elects, or appoints, the officers. The board may have the power to appoint a director to complete the unexpired term of a director who resigns, dies, or otherwise does not complete his or her term.

The general rule of thumb is that only those who have the authority to elect or appoint a person to a position, have the authority to remove that same person from that position. Thus, typically, homeowners have the authority remove a director from the board, but generally do not have the authority to remove an officer from his or her position as an officer. Thus, while it might be possible for the homeowners to remove John Smith (for example) from the board, if John Smith is also the treasurer, he would still be the treasurer.

However, in the case of the president or vice-president, there is sometimes a catch. Some HOA documents require that the president and vice-president be a director. That is, they must be a director in order to hold the offices of president and vice-president. If that is the case, if the homeowners vote to remove that person from the board, then that effectively also removes that person as the president or vice-president since, according to the governing documents, that person is no longer qualified to be president or vice-president because that person is no longer a director.

You would have to read your governing documents to see if that applies to your HOA. Even if it does, removing the president may not be an easy task. You have to have an official meeting of the homeowners, someone has to chair it (not the current president), and the vote has to be in accordance with your bylaws. If you have a power hungry president, especially if backed by the board, getting all those things done is going to be very difficult. Your president is not going to give up willingly and is not likely to be cooperative in your efforts.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Mohamad,

However, as others have already noted, if you have not paid your dues, you may not have the right to vote. The same applies to your neighbors if they are also behind on their dues. By not paying dues you may have diminished or eliminated your ability to do anything.

In general, it is never wise to break the rules in protest because you are unhappy with what someone else is doing. That makes you no better than they are and can make your efforts useless because you are dealing from a position of weakness.

Your first step would be to bring your dues current and encourage your neighbors to do the same. Then you can go from there.

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