How to remove the entire BOD

If you are in Calif you have to abide by the new laws passed in 2006. Check the Davis-Sterling act closely to recall the board.

I live in White Bluff Resort, Whitney, Texas. I need to know if there are any laws in Texas that tells me how to recall the entire BOD. I can find no provision on how to recall the board in our POA (property Owners Association) bylaws. We really have a mess, the board recently decided to pass a rule that we have to pay a Food and Beverage fee. There was no consulting with the home owners they just know that we need it. Our President and two of the directors are also the developer. Please can someone help me.

Johnie, I would start a new topic. From the information I gathered, your NOT a owner controlled HOA yet. Your HOA is still developer controlled. Eventually, your HOA will be turned over to the owner's properly. Developers/builders don't want to stay with a HOA after they have finished.

As far as the food and beverage charge, I am sure that has to do with a Vending machine. I am sure you may have vending service available at one of the amenities like a clubhouse, pool area, or a recreational facility. Vending companies operate differently. Some "Rent" the space from a facility while others may charge for their services. Either way, the charge has to be paid by the HOA's budget if it is to serve the HOA's needs. A HOA is ONLY funded by the Owner's for the owners. All expenses come from this budget. Right now, the Developer is in charge of tha budget. Later, it will be the homeowner's and you can choose to drop this service if it's not necessary. Just don't expect coke and cookies to be available.

We were just requesting he move his post so he can get more attention to it. That's all. Seemed to be a different question than the original poster. John's answers could use more isolated attention.

As for the original poster, Please PLEASE! Make sure before you remove a board, you have people willing to step up and replace them! Even if they are doing a bad job, they aren't profesionals at this. There's no such thing as a professional homeowner that will be on a HOA board and do it for free.

My rule of thumb is if your not willing to be a board member then don't call for the heads of the one's who are willing. They may not make good decisions in everybody's eyes, but they are making decisions. Alot of HOA's get so distracted about the actions of their boards, they forget the HOA has to take actions. It can take a good year before a HOA board can "get it together" to run a HOA correctly. By that time their terms are most likely "up". It took me 2 years to get things organized and running smoothly for my HOA. The third year I was finally able to accomplish things. Just getting through the mistakes of previous boards can take a year! Be patient and try to participate without shouting "mutiny". You do the job, and see how many people want to vote you out.

Kathy, some association By-laws allow the members to call a special members meeting by a petition signed by a percentage (sometimes 20%) of the members. The only items which may be on the agenda at a special members meeting are those which are listed in the petition. Thus I recommend the petition specifically state the purpose is to consider and vote on removal of (list) Board members and to vote and elect directors to the Board to replace any current Board members who may be removed. The term of such new Board member shall be the remainder of the term of the specific Board member being replaced.

If you are concerned that the Board may possibly try not to honor such a petition, then I would also list in the petition the calling of the meeting, its date, time, and location of the special members meeting. Keep a photocopy of the signed sheets of the petition before turning the petition in to the Board President. If the Board doesn't honor the petition the members who originate the petition can provide notice to all members. And if no Board member shows up then a chairperson for the meeting can be selected by those members representing a quorum.

California Civil Code 1357.140. (a) Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a rule change.
(b) A special meeting of the members may be called by delivering a written request to the president or secretary of the board of
directors, after which the board shall deliver notice of the meeting
to the association's members and hold the meeting in conformity with
Section 7511 of the Corporations Code.

Our property is over 90% sold. the developer is the President of the POA and he has two of his Vice Presidents on the board. Originally we were told the developer would step down when over 50% of the property was sold. Now the developer says he knows what is best for us and wants to make a model show place for rich people. He keeps changing the rules and also adde the Food and Beverage charge because he is losing money on his restaurant and it is in our best interest to have a restaurant according to him (the developer). He has borrowed over $600,000 to blacktop the road to his Marina and the Restaurant and the Hotel. We dont have black top to our homes and accoring to him we dont need it. anyway I appreciate all of the help and if anyone else can add more I would appreciate it.