Request for resignation

Our current president is going to be removed from that position in January at the BOD's organizational meeting. Our doc's only give removal authority from the BOD to the members.Does anyone have a suggestion for a "polite" request to the individual to resign from the BOD.I won't go into the reasons ,only to state that he is not performing in the best interest of the community.Thanks

Jim

Check your documents. Our docs say that a member of the board may be removed from the BOD by a quorum of the remaining board membrs if there is "gross negligence in his/hers fiduciary duty". Otherwise you will have to follow your docs for a quorum removal by the homeowners.

Thank you all for responding. I quess we'll just have to work through it and try and keep him from causing any more damage. Our doc's say the "members" must remove a director.

JimM7: Another option would be to create a petition to recall him as a Board member by securing the appropriate number of member signatures. This would remove him from the Board altogether...it is an option but only if you want to take matters in members' hands.

RobertR1 Your sympathy is nice, but trust me, usually when someone exhibits that type of behavior they're usually a power-hungry bully. They want to be on the board to fulfill their own agenda---and will do anything and everything to get their way. That type doesn't care who they step on, who they humiliate, how many rules THEY break or how any State Statutes they ignore, or how much of the Association's money they spend to get their own way. When they think that their opinion is the ONLY opinion, it proves they don't understand (or don't care) that it is not a board of ONE. That type of board member is poison to the entire community and needs to step down.

Quick, will a Rosanna please post here. Then we will have a Rosanna-anna-dana.

Mike,
I expect your and mine and most HOA documents will not pass the test of court approval. For a large numder of HOA's if they don't conform to the state statures, they will not be upheld. (In general).

I believe your reference to removing directors is saying. The president can be removed from the position by vote of the Board, but to remove any director you must have the required approval of the members. I might suggest that technically the members can not remove the president until he no longer is President but just a Board member. This would seem to hold true for any Board elected position. I believe the rule holds that states you have to be removed from the position you were elected to by the people that elected you. This would not necessarily hold for criminal conduct.

Nancy,
As you stated, your documents only apply to the removal of a Board Member and not an elected position on the Board (president and the like) Do you have elected by the Board positions? If no gross misconduct is involved you have to get approval to remove from the membership.
If all that is valid, then your Board members could not change the officers as normal at the first regular Board meeting usually called immediately after the annual meeting for the purpose to elect Board Officers and other issues at hand.

Wrong or right?