DavidM51 (Florida)
Posts: 5
Posts: 5
Posted:
Hoa, florida, can a officer be removed by the majority of the Board b
Without cause
Without cause
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Removal of board member
Started by DavidM51 • 11 replies • 766 views
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MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Yes
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Yes. Directors may be removed without cause by the membership who elect the directors, and officers may be removed without cause by the board who appoints the officers. I've never heard of an association that does this differently, although I suppose it's possible.
Keep in mind that nobody's rights are being violated when this happens. No one has a right to serve either as a director or as an officer, only the right to seek election or appointment - they serve at the pleasure of the body that placed them in their positions.
Keep in mind that nobody's rights are being violated when this happens. No one has a right to serve either as a director or as an officer, only the right to seek election or appointment - they serve at the pleasure of the body that placed them in their positions.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
I agree with Max and Cathy.
However, the title of your post is/was: "Removal of board member"
Then, your question as posted is "Hoa, florida, can a officer be removed by the majority of the Board b
Without cause"
Are you asking about the removal of a Board Member or an Officer?
Cathy's response addresses both possibilities but it is not clear to me you understand the difference based on your use the terms "Director" and "Officer". They are not interchangeable although in many cases Directors are Officers and vice versa.
However, the title of your post is/was: "Removal of board member"
Then, your question as posted is "Hoa, florida, can a officer be removed by the majority of the Board b
Without cause"
Are you asking about the removal of a Board Member or an Officer?
Cathy's response addresses both possibilities but it is not clear to me you understand the difference based on your use the terms "Director" and "Officer". They are not interchangeable although in many cases Directors are Officers and vice versa.
DavidM51 (Florida)
Posts: 5
Posts: 5
Posted:
Forgive me I ment to say officer.
LorrineB (Arizona)
Posts: 4
Posts: 4
Posted:
My answer is NO, we've been told in Arizona to remove a board member is to get a petition signed then it has to go to a vote of the whole community???
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By LorrineB on 03/11/2023 11:38 AM
My answer is NO, we've been told in Arizona to remove a board member is to get a petition signed then it has to go to a vote of the whole community???
My answer is NO, we've been told in Arizona to remove a board member is to get a petition signed then it has to go to a vote of the whole community???
That is the process to remove a board member who is currently in the middle of their term - you don't need to wait until the annual meeting to boot them. A petition also doesn't mean that you need "a good enough reason", only that enough people want to remove that board member and that there is a process to make it happen. Otherwise if the board member's term ends at the next annual election and they're running for re-election, then folks simply need to vote for another candidate. If enough homeowners think the guy is a jerk because he hates puppies or they think his haircut is stupid, that's good enough.
Your governing documents or state law governing community associations should have some language stating that the board member may be removed with or without cause. I haven't heard of a single community association that does this differently.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
DavidM meant to ask about removal of an officer. We above are correct. Unless his bylaws say otherwise, it just takes a board majority to remove an officer. If the person's a board member, they stay on the board until their term is up, they do something that disqualifies them based on their bylaws, or owners recall them.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Typically removing a BOD Member from an Officer's position does not remove them from the BOD. They are still on the BOD.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Here's what FS 720 303 10(a)1 says:
Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.
So it would take a lot of people, but it can be done.
Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.
So it would take a lot of people, but it can be done.
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
This post has NOTHING to do with the removal of a director, only of an officer!
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By LorrineB on 03/11/2023 11:38 AM
My answer is NO, we've been told in Arizona to remove a board member is to get a petition signed then it has to go to a vote of the whole community???
My answer is NO, we've been told in Arizona to remove a board member is to get a petition signed then it has to go to a vote of the whole community???
Keep in mind that Directors and Officers are two different positions.
Directors make decisions for the Association by majority vote
Officers implement those decisions and handle the day to day tasks of running the Association.
Typically one person will fill both position (a Director and Treasurer as an example).
Directors are elected or appointed to the position.
Elected Directors may (typically) only be removed by those who elected them (general membership)
Appointed Directors may be removed by those who appointed (the board).
Officers are appointed by the board and serve at the pleasure of the Board.
An Officer may be removed from their position at any time and for any reason by majority vote of the Board.
In the typical situation (one person filling a Director and Officer position) the individual could be removed from the officer position but still serve on the board as a Director and vote on issues before the board.
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