Board removing another Board Member

Your association governing documents (CCRs, Bylaws, etc.) would normally outline the procedure to remove a board member. Generally, the board can not remove a director elected by the association membership, that would need to be done via a recall election of the members. If your governing docs don't have a procedure, state HOA or general corporate law might. The board does have the ability to elect officers so if the director holds any officer position, a simple motion at a board meeting should be enough to elect a new director to that position.

If your board has witnesses to these remarks, that will write out affidavits attesting to these racist and homophobic comments and submit complaints about same, then in my opinion, this situation is outside the normal procedures prescribed by statute and the HOA's governing documents. Because this director is creating a hostile environment, on the basis of race and sex, to HOA members and employees alike, I would immediately consult the HOA attorney about the liability risk this director poses. If the HOA attorney agrees, I would hope the HOA attorney would write the director that he has been removed from the board, effective immediately.

Because this director himself might then try to take legal action for, say, defamation or unlawful removal from the board, the Board should remain quiet as to why the director was removed.

If the evidence was strong that a director was stealing from the HOA's bank account, then for the safety of the HOA, I would also go outside the normal procedures for removal, on grounds that the risk is too great. And again, the HOA attorney must be involved.

Thank you this is very helpful. I've reached out to management and asked that our HOA Attorney gets involved.