Removal of Elected Board Member in Florida

Started by JulieR10 • 6 replies • 229 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JulieR10 (Florida)
Posts: 3

Posted:

Our HOA president resigned in an all member meeting giving 90 days notice (no letter yet). The owners (7 total), would like him removed now since he is causing disruption and basically told us all "good luck, I'm not doing anything". Our bylaws indicate we need 2/3 votes (4 votes) to remove him. I have been told by an attorney "there's a form for this". Does anyone have that form or know anything about it?

Thank you!

SheliaH (Indiana)
Posts: 6,964

Posted:

You don't really need a form - what the president should have done is submit a formal letter announcing his resignation and effective date, and then the rest of the board could accept it or not. If you wanted to remove him sooner, all you had to do is vote on it - your bylaws require 4 votes and you have six owners (I'm not counting the president). Simple math would say this could have been squashed at that member meeting.

Since that didn't happen, talk to this president and ask for a formal letter of resignation with an effective date (today, 30 days from now, etc.) Also tell him that he is still expected to assist the board in ensuring a smooth transition - whatever official records he may have that belong to the association should be turned over immediately. He should also be removed from all bank accounts if he's the signer.

(this is why I've always felt any HOA under 15 is a total waste of time. The smaller the group, the more chaos and disorder because usually one person ends up dominating everything and the rest do nothing but wring their hands and wonder what to do....)

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

AdamL1 (UnitedStates)
Posts: 559

Posted:

generally Officer positions serve at the pleasure of the Board. This means that a majority board vote to seat or remove an officer title.

Is this president also a director? Remember, just because he's resigning as pres doesn't mean he's resigning as a director.

if you want him off the board, generally a majority board vote is needed to remove a fellow director.

and of course, backfill is needed for both positions.

JulieR10 (Florida)
Posts: 3

Posted:

Thank you - it wasn't obvious at the meeting where he put forth a surprise resignation that he would become an obstacle to business. He is the primary liaison to our management company and I'm suspecting some underhanded deals. The management company also resigned but has not given a letter either.

I totally hear you about the size of small HOAs - in this case it was the president who does nothing and seeds all authority to the management company. Good news is that 6 owners are well aware of what's happening. We will refresh the board. Thank you!

JulieR10 (Florida)
Posts: 3

Posted:

That raises another issue. Let's assume our bylaws draw the distinction but we have never made such a distinction. All we have done is elect board of directors positions. Do I need to ask him to clarify which position he is resigning from? The owners want him out PERIOD. This was run like a banana republic and he's part of the old guard. Consulting an attorney to make sure I do everything right to get us back on track but appreciate any seeds of knowledge you can throw my way. Thank you.

AdamL1 (UnitedStates)
Posts: 559

Posted:

Quote:

Posted By JulieR10 on 07/20/2022 11:34 AM
That raises another issue. Let's assume our bylaws draw the distinction but we have never made such a distinction. All we have done is elect board of directors positions. Do I need to ask him to clarify which position he is resigning from? The owners want him out PERIOD. This was run like a banana republic and he's part of the old guard. Consulting an attorney to make sure I do everything right to get us back on track but appreciate any seeds of knowledge you can throw my way. Thank you.

general owners, the Members, can call a Special Meeting to remove the Director (control+F search your documents for these keywords.)

Officers are delegated specific duties. Basically the day-to-day management.
Directors are the final vote on matters, basically their hand on the rudder.

Usually, the Directors double up and do Officer duties.

MaxB4
Posts: 3,513

Posted:

You should have three directors to start with. The other two can remove the president as an officer and make him a member at large. One of the two would need to step up and be president, easier said than done. The other issue is the possibility of the management company also resigning. The remaining directors need to preserve the records of the association the management is holding for them, find a new company and ensure a smooth transition between companies. You other option is to self manage, but that would work and knowledge of running that type of business.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here