Quote:
Posted By RogerM3 on 07/13/2013 9:17 PM
How long can HOA board members stay on the board if no one votes each time there is an election?
Can they stay on the board forever?
What exactly does it take to get a board member removed from the board for showing misconduct (harassment and vandalism to an HOA member's property that has been captured by surveillance cameras)?
What are the steps the HOA board must take when they believe there is a CC&R violation (common area encroachment)?
Thank you
You don't say how many people are on the board nor how many units. If your HOA is very small that could make a difference. I was in a very small HOA (10 units) and the CC&R required 3 board directors. If there was an problem with all three, then there was a problem with the whole HOA.
So if there are no other candidates at the elections, and if everyone wants to keep things nice and friendly, then these board members will serve forever.
Now the second question you have depends upon your CC&R. Do the directors have to be members in good standing? Do all the members who vote have to be members in good standing and how is this defined? A court decision or police action against a board director could take away the good standing status. That might be the easy way to get a director off the board.
Harassment as you might commonly define it is different from the legal definition of harassment. Vandalism is not something that the HOA handles. It is a legal matter to be handled by the police. You should file a complaint against the person and submit the proof. You should then file a small claims court case asking for monies to replace/repair.
Otherwise, you'd have to have a recall and that would involve having a special meeting. Look under recalls on the Davis-Stirling website.
If you are having problems with the HOA board, then I think the answer to your last question will be difficult. You'll need to settle the problems with harassment/vandalism first.