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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SusanG6 (South Carolina)
Posts: 3
Posted:
The homeowners in our neighborhood want to remove a Board Member...Vice President. Our By-Laws state that :Any director of the Association maybe removed, with or without cause, by vote of the voting members with a majority vote of the membership. Any Director whose removal is sought will be given notice prior to any meeting called for that purpose. Upon removal of director, a successor shall then and there be elected to fill the vacancy. My question is this....do we the homeowners call the meeting? Who has to be there? Do we contact the President and call for a Board meeting. How do we have the meeting? And by majority does that mean the neighborhood, or the people asking for the removal? Thank you for any help.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SusanG6 on 05/28/2013 7:09 PM

My question is this....do we the homeowners call the meeting?

In a way. Your governing documents should specify how members may call a meeting of the membership. Typically it is done by circulating a petition calling for a meeting of the membership for the purpose of recalling Director xyz and, if successfully recalled, to elect a new Director.

Your governing documents should specify how many signatures are needed. Make sure that the signatures are only from members (not renters) and that you collect more than the minimum amount needed.

You would then send this petition, keeping a copy for yourself, to the Board via certified mail (so there is proof that the petition was received).

Quote:
Posted By SusanG6 on 05/28/2013 7:09 PM

Who has to be there?

It would be a meeting of the membership. Therefore, the members of the Association would be there. If your Association allows proxies, then proxy representatives would also be there.

The meeting would be presided over by the President of the Association. Notice and quorum requirements must be met.

Quote:
Posted By SusanG6 on 05/28/2013 7:09 PM

Do we contact the President and call for a Board meeting.

You contact the Board via the petition.

Quote:
Posted By SusanG6 on 05/28/2013 7:09 PM

How do we have the meeting?

The meeting would be held just like the annual meeting. However, only two issues would be on the agenda:

1) Recalling Director/s
2) Electing new Director/s (if the recall was successful)

Quote:
Posted By SusanG6 on 05/28/2013 7:09 PM

And by majority does that mean the neighborhood, or the people asking for the removal?

Per your citation [emphasis added]:

Any director of the Association maybe removed, with or without cause, by vote of the voting members with a majority vote of the membership.

So, if you have 100 members, you would need 51 votes to recall.

Hope this helps,

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Susan

Tim covered it nicely. Allow me to emphasis a few points from my SC HOA Bylaws.

A Special Meeting can be called by the President of the BOD, a majority of a quorum of the BOD or upon a petition signed by Voting Members representing at least 10% of the total votes of the association.

All voting member must be formally notified of said meeting not less the 10 nor more then 50 days before.

Each voting member shall be entitled to vote at such a meeting.

No business shall be transacted at a special meeting except as stated in the notice of such meeting.

The above excerpted/edited from my SC HOA Bylaws. Yours may vary but many are generic.

It is my understanding if the President or BOD refuses to call the Special Meeting then those desiring the Special Meeting (the 10% above) can call it themselves and elect temporary officers to conduct the meeting. The BOD must honor any decisions made at this meeting.

Hope this helps.

🎯 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