When they try to kick you off the Board

Started by FayeE • 6 replies • 478 views

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FayeE (New York)
Posts: 49

Posted:

I thought I would put out there what happened to me in hopes it might help someone if they get in the same position I was in. I reside in NYS. Not NYC. The Board President decided I was a pain and all the women agreed with him. I was a pain because I asked too many questions, I wanted 2 or more bids on our projects, I wanted to see all the contracts, We have a guy that fixes things when needed and gives us a bill well I wanted to see that itemized bill so we can see what he is doing at what cost, I am a pain. Let me tell you the Management Co. was not happy with me either. This President behind my back got all the Board members to agree to kick me off the Board. They sent me where it said in the ByLaws that they being the Board can. I suggest you all read your Bylaws and know the terminology. If you need help seek a lawyer not the Board's lawyer and most lawyer's give you a free consult lasting from 30 minutes to an hour. Make a list of all your questions in order how the Bylaws are written. Let the Lawyer explain it to you. I am lucky I have one in the family. So I had him read the Bylaw section were they thought they can kick me off the Board. He started to laugh. He said they have no idea what they are talking about. The section said Removal of Officers. The majority of the Board can remove any Officer with or without cause and a successor to such office can be elected at any regular meeting. Also there are restrictions in who can hold 2 offices at once. Well the President and other Board members were so happy they were getting rid of me. He stood up and asked that my removal be first on the agenda. That is when I laughed. I told him
he knows nothing. He does not understand what he is reading. I said Mr President you can remove me from being VP but not from the Board only the Homeowners can do that. He went white. The terminology you are not understanding is OFFICER. He asked the Management Co if she knew anything about this and she said no. Only one time some other Board asked the removal of a woman off the Board and she just left. Know your Bylaws. Mine say only Homeowners can remove a Board Member either by a special meeting that can call or by just voting. I hope this helped someone else. Yes I am still on the Board up for re-election early September.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Some comments in case other newbies are reading:

* Director/Board Member is not the same thing as Officer.

* NYS may be different from other states, but in most of the others, the board cannot remove other board members from their Director positions - they can only remove them from their Officer positions.

* In every other state that I'm aware of, board members serve at the pleasure of the homeowners. In other words, homeowners can vote to remove board members with or without cause. They don't like your hair cut, they can recall you from the board, and you as a board member have NO recourse. You may believe that this is unfair, but it's how the large majority of community associations are governed.

* Directors need to understand that politics matters, and their ability to navigate these choppy waters will affect their ability to do their jobs. If you're the lone wolf or outsider, it doesn't matter whether you're the one voice of reason on a rogue board or a troublemaker who has been elected to a formerly well-functioning board. Again, you may believe that this is unfair, but it's the reality you face. (I resigned from my board because I was concerned that the other two directors were going to get us sued, and I didn't want to be sued along with them. That's community association life.)

As with so much related to HOAs and condo associations, they behave in similar ways - but individual bylaws and state laws can differ, and you need to understand what yours say.

SheliaH (Indiana)
Posts: 6,964

Posted:

Glad that you stood up for yourself. I hope you're encouraging your neighbors to attend the September meeting (if it's virtual, make sure they know how to participate). It may be the president will show his ass again, homeowners will see it and consider if they want him on the board. But even if he doesn't, it's helpful for owners to attend a regular meeting every now and again so they can hear the conversations and get a better idea of how these folks work - or not.

Oh, and write in smaller paragraphs next time - this was a little hard to read.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I agree with what has been said but let us remember one additional thing. If a person was appointed to the BOD by the BOD, the BOD can remove that person.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JohnC46 on 08/27/2020 8:15 AM
I agree with what has been said but let us remember one additional thing. If a person was appointed to the BOD by the BOD, the BOD can remove that person.

Pretty sure that's not the case in my community. Our bylaws don't say that this can't happen, but they only address removal via recall vote. Which makes sense to me. Otherwise the appointed board member is slightly "less than" rather than a full fledged board member with the same rights and responsibilities as the rest. INMHO

KerryL1 (California)
Posts: 14,550

Posted:

In CA, eff. 1/20, the board cannot remove a director they appoint, only owners can.

NY is a close meeting state, which means the Board can decide whether to hold open meetings. In Faye's situation, I imagine the Board wants to keep the closed.

Yes, Faye, please break up into pargraphs.

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