Uncooperative Board Member MIA

Started by CindyD2 • 5 replies • 1778 views

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CindyD2 (Florida)
Posts: 2

Posted:

Our last vote removed 2 bad eggs from our Board, and left one. 2 other Board Members were voted in. The remaining board member from the previous board refuses to share any documents with the current board members. It has been over 30 days and still no documents have been turned over. The president and treasurer are left helpless because of this. This person is malicious and we believe them to be hiding something. In the meantime, this board member has not responded to emails or phone messages in the same time frame. How do we remove this person from the board? The president has called an emergency meeting, two days from now. What is the quickest and easiest way to remove this board member?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Cindy,

In most situations, board members can be removed only by a vote of the association members. Unless your bylaws give the board power to remove directors for cause such as absences, there is normally not much of a work-around.

Your real problem is getting the records. You may have to seek an injunction to force the old member to turn over the documents and other records. If I were in your situation I would do this in a heartbeat because it is apparent that he is not going to budge.

CindyD2 (Florida)
Posts: 2

Posted:

Actually, that step has been taken already, by previous board members last year. The judge ordered her to comply and she still will not. If she does not appear at the emergency meeting, what then? Our treasurer has already resigned and our President is the only one left due to her MIA status. PLEASE tell me there is a miracle out there!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Someone going back to the court and following up with them with that person non-conformance. The court can't enforce something if they don't know the person didn't follow up. Time for some follow up on that situation.

I would also look at how your HOA keeps records. Secretary is usually the person that keeps the records. That doesn't mean other board members should not have copies. I know I had copies of everything as President. Plus our accountant kept them as well. Should make sure you all have another source of record keeping or be able to put the pieces together amongst each other.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By CindyD2 on 02/05/2013 7:14 PM
Actually, that step has been taken already, by previous board members last year. The judge ordered her to comply and she still will not. If she does not appear at the emergency meeting, what then? Our treasurer has already resigned and our President is the only one left due to her MIA status. PLEASE tell me there is a miracle out there!

Then you go back to court and seek a contempt of court citation. At that point she gets to choose to turn over the records immediately or go to jail and stay there until she has someone turn over the records.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Cindy,

2 options:

1 - Since you've been to court, contact the local sheriff/police, show them the court order and ask them to come with you to the Board members home to retrieve Association property.

2 - If what you provide the police isn't enough for an escort, then go back to court to get a court order for the police to escort you to retrieve the property.

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