Recalling a Board of Directors-What is the Best Way?

Started by SamanthaW • 5 replies • 1348 views

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SamanthaW (Virginia)
Posts: 5

Posted:

I need advice on how to begin the process of removing an HOA's BOD. There are many issues involved:

1 - I am a board member; should I resign before joining the effort to get a new board elected?

2 - Both the president and vice president have presumably (according to the bylaws) have served over their term. Could that be immediate grounds for dismissal?

3 - Our management company seems to want to postpone an election and also in the past did not want to increase the size of the board by adding two new members.

4 - Several homeowners have already begun their petition. What advice would you offer?

5 - The bylaws do say that any board member can be dismissed with or without cause as long as a certain number of association members vote. Would a special meeting be needed and what is the best way to organize such a meeting and does the management company need to be involved?

Thanks for any feedback.

BradD2 (Florida)
Posts: 418

Posted:

What state?

Also the best way is to get the proxies of your neighbors. When the meeting is called you have the voice of more than one.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Adding more members can't be done arbitrarily. The by-laws and CC&R's will have to be changed to add or subtract the number of board members allowed. That vote to change this requirement will take a majority vote of the HOMEOWNER's and is NOT up to the management company. The management company should be a hired contractor to the BOD and have no bearing on the election process or assignment to the board.
Do you have other people willing to do the job of being on the board. I always get frustrated with homeowner's who decide that the board needs removed because of some kind of decision they don't agree with. However, they have no other people willing to come in and be board members. Why would anyone want to, if they are always calling for the board member's heads on a platter all the time? Board members are NOT professionals. There aren't professional homeowners out there. Boards are made up of individuals like the stay at home mom or the retired general. Give the board some slack. It can take several months or a year before a board can get it together enough to know what they are doing.
Keep on the board if your on it. No need to quit unless you think you can get re-elected. It's better to work from the inside out sometimes. It sounds like everyone needs to have a meeting just to figure out what everyone wants before deciding what they don't want.

Former HOA President

BradD2 (Florida)
Posts: 418

Posted:

In our Association it can. The By-Laws say 3 to 7, but make sure it is an odd number. So what decides if it is 3, 5 or 7?

RogerB (Colorado)
Posts: 5,067

Posted:

Samantha, in answer to your questions:
1. No, unless you no longer wish to serve.
2. Possibly, it depends on what your By-laws state and the circumstances. So By-laws state "shall serve until replaced".
3. The MC has no decision authority on these matters - only can provide guidance. The Board makes the decisions but can not violate the Declaration and the By-laws. The By-laws should provide guidelines for meetings and should define the number of Directors on the Board. To increase beyond the number allowed by the By-laws would first require amending the By-laws.
4. Make sure they do it right. This has been discussed several times on other threads of this board.
5. Make sure they do it right. This has been discussed several times on other threads of this board. I would recommend not involving the MC.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By MelissaP1 on 05/18/2007 10:24 PM
Adding more members can't be done arbitrarily. The by-laws and CC&R's will have to be changed to add or subtract the number of board members allowed. That vote to change this requirement will take a majority vote of the HOMEOWNER's and is NOT up to the management company. The management company should be a hired contractor to the BOD and have no bearing on the election process or assignment to the board.
Do you have other people willing to do the job of being on the board. I always get frustrated with homeowner's who decide that the board needs removed because of some kind of decision they don't agree with. However, they have no other people willing to come in and be board members. Why would anyone want to, if they are always calling for the board member's heads on a platter all the time? Board members are NOT professionals. There aren't professional homeowners out there. Boards are made up of individuals like the stay at home mom or the retired general. Give the board some slack. It can take several months or a year before a board can get it together enough to know what they are doing.
Keep on the board if your on it. No need to quit unless you think you can get re-elected. It's better to work from the inside out sometimes. It sounds like everyone needs to have a meeting just to figure out what everyone wants before deciding what they don't want.

Good answer. I agree.

Ron
SC

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