Association fund's

Doris:

Why would she need to spend money? CAn't the other two board members remove her from her office and appoint a new president? i don't see what she could be spending money on?

Our MC said it is a legal proces to get her out and to fight it she can use our fund's.our HO has more than 20% of signature to get the Board out because they tried to get the hole board out, they thought that would be easyer then just the president that is the one they want out.It is not in our By law that the other 2 members can vote her out. We where put in place as Board not be vote because their was not a forum.the HO who where that night namenated the 3 Boardmembers,and then the MC put us in Place,she wanted to be President and she got it, ,now the HO who where there said they namenated 3 people but the don't had the right to vote who they wanted for President.She does things like knocking on HO doors when they don;t mow or water in our By law it says that we have to do that in writing.So the neighborhood is very upset with what she does DorisB

Doris:

I guess my question would be why are you trying to remove her? If it is because she has missed so many meetings; most bylaws allow the remaining board to remove her. The could be so many variables, what is the reason?

Another good example of why everyone needs a concrete set of Bylaws. I think you would have a couple of options here but it all depends on how your Bylaws are written. First is to just remove her from her position as President by a vote of the remaining two Board members. You probably can't remove her from the Board without a vote of the neighborhood. I don't see how she can possibly use HOA funds to fight you though. If you are going to take the action of removing her, you and the other Board member should visit your bank manager about the situation and have him put a freeze on any changes or nonstandard activity to the HOA account.

If you do have enough signatures to call a special election and she's hacked off as much of the neighborhood as you say then I'd have your friends force a special meeting for the purpose of removing all the Board members and holding new elections. Have a replacement in the wings and let them hold new elections. It's doubtful your Bylaws prevent you from running for reelection if the Board was recalled. Hopefully this time she'll come in 4th! And even if she doesn't, it doesn't mean you have to let her play President again.

As far as being a volunteer goes, remember this great saying, "Let no good deed go unpunished!"

Good Luck

AmK, As a general rule the President can be "removed" from his position on the Board (by the other Board members) but he cannot be thrown off the Board without the involvement and approval of the general membership. Of course your Bylaws may specifically address and approve this method of removal but most do not.