Appointed Terms

Started by Jadedone4 • 4 replies • 1163 views

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Jadedone4
Posts: 462

Posted:

Can an appointed board member, also be removed by the board ? We have sat three new members to board, one is clearly working from a personal agenda. None of the three were elected by membership, but appointed by the board. Doc's only speak to elected members and not appointed members.

TorinA
Posts: 8

Posted:

Check the controlling statutes for your state. If the association is incorporated, check corporate statutes on removing directors. Also check any state HOA or POA act that might apply or the state condominium act.

RobertR1
Posts: 5,115

Posted:

Jadedone,
If the board appoints them, the board can fire them, according to my documents. I think this is pretty much a given. Were they appointed to the time frame of the Board member they replaced, if so their term would depend on when that specific tenure was up. But that in no way protects them from the powers of the Board to appoint. The members have a power to elect board member and have the power to recall them. The Board has the power to appoint and the power to replace or terminate, those they appoint.

JanM
Posts: 140

Posted:

We had a person who was appointed that many people were not happy with. I had started a petition to get him removed. I had aquired all the signatures needed to have a quorum and re-elect someone else. Well the board sent me a certified letter stating that if I paid for the mailings, the ballots and whatever other expenses involved, we could have a re-election. Needless to say, I didn't shell out the cash so the guy remained on the BOD. This happened last year and he went up for re-election and lost. I now occupy his spot on the BOD. So be patient and get involved.

PaulM
Posts: 1,325

Posted:

Jadedone4: I speak under no professional authority. However, IMHO, a Board member who was 'appointed' by the Board can 'remove' the appointed member, since the member was not ELECTED to a seat on the Board by the resident membership. It would be a Board-only decision to appoint and un-appoint.

Another consideration may be whether the appointed B-member/s will soon be finishing up the term/time they were appointed to fill, and if you will soon be holding an election for these 3-seats on the Board.

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