HO trying to get rid of Board Members

Started by MistyB1 • 5 replies • 1797 views

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

⚡ Takes 30 seconds

Already a member? Log in

MistyB1 (Texas)
Posts: 10

Posted:

This goes along with my previous post of holding annual meetings. Now we are having a HO saying she is going to get rid of us. She is calling herself "BE Project Execution". She along with a couple of other homeowners do not like us but will not volunteer to be on the Board. We held our annual meeting according to our CCCR's and Bylaws. Sending out proxies door to door, letting HO know that there would be a mtg giving them at least 2 weeks notice. The only thing is we did not reach a quorum at the annual meeting of only 11 HO's. The 2006 Board said we would continue on since there was not a new election. These people say they want a new mtg to elect. What if there is no quorum again? What if there is and these HO's vote us off but won't elect another Board? The present Board just wants to keep our neighborhood property value up, keep it safe. I have reiterated that to them but they don't seem to care.
Has the Board done all they can? Should we contac the HOA lawyer which will cost the homeowners $$? Like I said before, what if have another mtg and they vote us off and they won't vote in another Board?

GeraldJ (Tennessee)
Posts: 6

Posted:

Misty, I'm new to this posting business but I have been following a lot of issues on it. Just out of curiosity how many households are in your HOA? I would ask if your Bylaws address what to do in a situation like this but the more I browse other HOA's Bylaws the more I realize that a lot of them are written in very general terms. My own associations Bylaws state that in the absence of a quorum a simple majority of those present will constitute a quorum. If your's were similar then that would mean that 11 homeowners would determine the Board for the entire neighborhood if an election were held. As far as the BE Project Execution, it's their right to obtain signatures in order to call a special meeting. But even then it appears they want to recall the Board which would require an election, and they have to elect somebody or your own votes would guarantee your reelection! If nobody were to serve, your HOA may find itself having a court appointed overseer and then the costs will really skyrocket. There are several professional HOA managers on this forum so I'm sure you'll be given a lot of options on how to handle the situation. Good luck.

RogerB (Colorado)
Posts: 5,067

Posted:

Misty, the annual meeting needs to be rescheduled. The election of Board members is to fill vacancy of only those whose term is expiring. The Board members whose term is expiring can be candidates to fill the opening(s).

Meanwhile, Board members who have not completed their term continue to serve. Their service can only be terminated by the process explained in your By-laws.

MistyB1 (Texas)
Posts: 10

Posted:

Gerald, there are 106 homes in our neighborhood. Yes our bylaws are very general which doesn't help anything. We had talked to our atty last year regarding us being a new Board and wanting to be more delingent with the CCR and bylaws. He suggested we make Guidelines which reference the CCR and bylaws and make that available to the HO's. We have done so but still everyone did comply and therefore we were sending out violation letters left and right. It finally is getting better after a year though. There are 3 HO's that bully and threaten us but do not want to be on the Board. They just want to tell us what they want done. We will be addressing that in our next mtg in April. Thanks. Misty

JimM7 (Florida)
Posts: 71

Posted:

Misty, I am going to quote directly from our by-laws.
"Section 6. Removal of Directors, Upon the termination of the Class"B" membership, at any regular or special meeting of the Association duly called, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the Members and a successor may then and there be elected to fill the vacancy thus created."
Notice that it says a "majority of the Members" NOT a majority of the members present at the meeting.
In our case the BOD has the right to amend the by-laws at a regular OR special meeting called for that purose, by an affermative vote of those "members present".
Have the President call a special business meeting ,with general notification , to discuss your by-laws.
Good Luck

MistyB1 (Texas)
Posts: 10

Posted:

Jim, Our bylaws do say 2/3 members have to vote on removal of the BOD. The Board is planning a meeting tomorrow evening and this will be one of the topics I will bring up. FYI - I am the President. Thanks.Misty

🎯 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