Discipline of Board Member

Started by FernandoG • 4 replies • 1272 views

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FernandoG (New Mexico)
Posts: 1

Posted:

The President of our Home Owners Association allegedly signed cashier checks issued by local banking institution without alleged board approval. The checks were made out to local construction companies which did the work. The President of the board did so in order to correct a dangerous common area. Remaining board members wish to remove the President from office. Discussion by board members will soon take place. Is the President allowed to attend meeting?

CarolR11 (Colorado)
Posts: 2,563

Posted:

Are you on the Board, Fernando?

Do your governing documents give the president check-signing authority? must there be a second signature? Do your documents give the president the authority to hire vendors? Or did your Board already vote to approve the contract?

Could the president have called an emergency meeting to get this important work started? Do you have a property manager?

If the rest of the Board thinks the president was wrong (or worse), in my opinion, they would discuss the matter in executive session (because it's a personnel matter). They would ask for the president to present his/her side of the story. They would ask the president to recuse her/himself from voting. They may wish to vote by secret ballot.

Whether or not the Board legally can demand that the president not attend the meeting, I do not know. I do believe they can ask the president to leave the room while the board discusses the situation.

GlenL (Ohio)
Posts: 5,491

Posted:

They can remove him from the office of president, they cannot remove him from the Board unless the Board appointed him to fill a vacant position. To remove him from the Board he would have to be recalled by the homeowners. And no IMO they should not try to exclude him from the meeting. If they have stones enough to remove him from office, they should have stones enough to do it to his face. Oh and while they seem to have their minds made up, they could perhaps ask him why and get his side on the record.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

As Glen points out, there's another good reason to hear the president's story: for the record to, if things go sideways, protect the HOA from a possible lawsuit.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By FernandoG on 06/08/2013 1:07 PM

Is the President allowed to attend meeting?

YES !

If it were you, wouldn't you like an opportunity to explain the reasons why you did what you did? Expecting the answer is yes, shouldn't this person be given this opportunity?

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