Reassigned Duties.. by Board Choice..

I am pretty familiar with our CCR's. there is NOTHING we can do to recall a board member. As a board we can not recall a board member.. unfortunately this is our issue with 30 year old CCR's.

It was brought to light that one of our board members attempted to have our treasurer pay out ( with board approval ) a small petty cash amount from our HOA's on hand petty cash. This board member was owed a small amount of money... when they approached the Treasurer for payment 3 weeks ago she was told... "I just don't have the cash on hand". It took 3 weeks for payment!! Our Petty Cash on hand is $300..
It is obvious that our Treasurer spend or borrowed our HOA monies..This is not only unethical, but irresponsible. Our board has since as a whole decided to remove this duty from the treasurer and immediately asked for her to hand over said monies to another board member.

What is the most diplomatic way to ask for a resignation of said board member. Email with board members cc'd? ask as a group?? etc.

No friend on the board....

If the duties of the treasurer are specifically defined in your bylaws, you cannot assign those duties to another person without violating your bylaws. The bylaws, nor any provision in them, cannot be suspended, even by a unanimous vote of the board. You would have to amend the bylaw provision regarding the treasurer's position according to the provisions for such an amendment.

The best, and quickest option is to replace the treasurer with another person. As Tim suggests, it might be best to ask for the person to resign as treasurer first, rather than simply replace the person outright.

Then, elect a new person as treasurer. You might have more than one option. Your bylaws might allow a non-director to be the treasurer. (Our treasurer and our secretary are not directors and have no vote.) Alternatively, your bylaws might permit an individual to hold two officer positions, such as secretary and treasurer or vice-president and treasurer. Often, the president and the vice-president cannot also hold the position of secretary, but may also be able to hold the position of treasurer.

Keep in mind that while the board cannot remove a board member (director), that, since normally, the board elects or appoints the association officers, the board can also remove a person as an officer. An individual may hold two positions, one as a director elected by the homeowners, and another as an officer elected by the board. Although an individual is removed as an officer, that individual is still a board member and has a vote on the board. That person just no longer has any duties as an officer.

When you say that you will not act independently I become confused.
Is the Board behind you or not?

If you meant that you won't go to the door by yourself, I agreee.
Gather the rest of the Board together and knock on the door together, as a group.

Carol... with all due respect. Our CCR's DO NOT allow us to simply vote off a BOD. DSA doesn't cover it either so we are stuck. Your approach is simple but it's NOT allowed per out CCR's. They are 30 years old and this issue has bit us in the backside before.

Yes, our last executive session it's part of the minutes that the entire board voted to remove this person from this responsibility. SO YES the board authorized me to do this, the were cc'd and so was our management. I am tired of trying to explain petty details of the issue at hand.

We have a treasurer who appears to have taken petty cash and it is not available according one of ht BOD who attempted to get reimbursed for an item. It took 3 weeks. Iam looking as a board what steps we can take with our management company. The BOD is avoiding contact and as I wrote this theey walked by, when I asked about the money at hand... "I dont' have time to talk right now" and kept walking.. this is our issue...

Your idea about the group approach is pretty good. I will ask the board to do this. Independently meant yes.. knocking on her door by myself.

This was a voted on action to have her relinquish the HOA funds. It was covered in executive session. Nothing has been done outside of a meeting.