How do you fire an hoa prez?

Deb, read your By-laws. You should be able to get up a petition to hold a special homeowners meeting for the purpose of voting to remove these Board members and to elect Board members to fill the unexpired term of each Board member who is removed. There has been considerable posting on this subject on this website which is available for you to review by using the search tab above.

Roger and Harold -
Given the real subject, what would you think would happen if the President was not a board member to begin with. Who can really un-elect him/her? The members could obviously replace a board member, but in this case they are not. The board could un-elect the President, but they choose not. Any ideas how to get rid of the errant President?

I am sure this is purely hypothetical, but it keeps the grey matter working.

How about if we change the question to removal of the Treasurer instead of President.

Ha, I tricked you. At least our HOA does not require officers other than president to be members of the board. Therefore, kicking a board member off may not have any effect on getting the Treasurer out. Obviously you could remove the board members that wanted to keep the treasurer, but that is really hard to do.

If this is a small HOA, and there are a significant number of that small amount with unpaid assessments, then the residents may not have the majority they need to oust the board members (and president and treasurer in the process) as they may not have a valid voting block. In our Association, members with unpaid assessments are considered "not in good standing" and cannot vote on any matters.

Michele/Peny, I absolutely agree 100% with you - but I would present this caution on "delinquent" owners. The definition of "delinquency" must be articulated by the governing documents and applied in a fair and balanced manner. I have personally seen an MC "subjectively" attempt to define "who is and who is not 'delinquent'" to prevent certain owners from participation. I had a situation where an owner who paid dues/assessments on time for one year - then paid one month, a day late, and was refused access to an community amenity (even thought the "unwritten" rule is that unless 30 days late, you are not late, and courtesy is issued). I am a strong advocate of enforcing that every owner honor their responsibility to the HOA. However, as you stated if they are not they cannot participate (just a qualifier here) - that does not mean that they cannot attend, and register toward quorum for a meeting. I realize that this does not largely "assist" the situation of removing a President or Treasurer and only helps to realize quorum, but it still keeps owners involved in the process.

Its a "crappy" position that folks would attempt to use a "tecnicality" as such to abuse owner's ignorance, but it does happen.

We need an "HOA Squad" that rushes to communities in need, like those computer geek guys do in the commercials ....

Your HOA should have provided these. You can request a copy from your Board or Management Company (if you have one).

Our doc's also state that if a member is delinquent on his dues, he cannot vote. But, Deb for $800. if the situation is this serious, couldn't you all get together on the money. If not a gift then a loan so these people can have a vote.

You should have received a copy of the by-laws and cc&r's when you bought. This is usually standard operating procedure in the sale of a home or condo. I had to sign a paper at the closing that I received and understood them.