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Removal or Recall of Board Member in Tennessee

Started by RickB7 • 6 replies • 2219 views

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RickB7 (Tennessee)
Posts: 3
Posted:
Our HOA Covenants and By-Laws have no language providing a means for removal or recall of an elected Board member. I know that Tennessee has very little HOA law and most governance of HOAs is through their status as a not-for-profit corporation. Does anybody have any experience with this in Tennessee?
KerryL1 (California)
Posts: 14,550
Posted:
I can't recall many poster, if any, for TN.

Yes, usually you'd find out how to recall a director in your bylaws. Since bylaws often draw heavily from a state's corporation codes, that's a good place to start.

Do your bylaws also not have anything in them about filling vacancies? after all, if you're able to recall this director, you'll need someone to step up.

Are you on the Board? How many are on it? How many dwelling are in your HOA?
KerryL1 (California)
Posts: 14,550
Posted:
I can't recall many poster, if any, for TN.

Yes, usually you'd find out how to recall a director in your bylaws. Since bylaws often draw heavily from a state's corporation codes, that's a good place to start.

Do your bylaws also not have anything in them about filling vacancies? after all, if you're able to recall this director, you'll need someone to step up.

Are you on the Board? How many are on it? How many dwelling are in your HOA?
RichardP13 (California)
Posts: 163
Posted:


Part 4 Tennessee Condominium Act of 2008 — Unit Owners’ Association
66-27-403. Board of directors and officers.
(f) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant.
KerryL1 (California)
Posts: 14,550
Posted:
Nice citation, Richard! I'm wondering if it only applies to condos, or to all HOAs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 05/12/2015 1:20 PM
Nice citation, Richard! I'm wondering if it only applies to condos, or to all HOAs.

Good point. In SC we have The SC Horizontal Property Act but it applies to only multi unit, high rise, condo associations. It does not apply to other type HOA's such as stand alone homes, townhomes, duplex units, etc. In the case of other type HOA's, the SC Articles of Incorporation for a Non-profit Corporation come next after Covenants/Bylaws.

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