RichardG23 (Florida)
Posts: 1
Posts: 1
Posted:
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
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Board member removal
Started by RichardG23 • 7 replies • 700 views
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LizD3 (California)
Posts: 200
Posts: 200
Posted:
I have not. But, personally, I would try not to. Much as I am not fond of my neighbors, I strongly believe they have should have a vote. I just hope that, one day, they will learn to use that vote wisely. One day.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Assume this is in your Bylaws, Richard? If so, are you certain the words say that board members may remove other board members/directors from the board ? Or is it possible it says that board members may remove "officers" from their positions say, as secretary or president??
Normally only association members, that is to say, all owners, may vote to remove board members/directors.
Normally only association members, that is to say, all owners, may vote to remove board members/directors.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Richard
Officers and BOD Members are two different species
Typically Officers are elected by the BOD alone from its members. The BOD can call for an Officer election anytime they desire. Even if a Director is not elected to become an Officer, they are still a member of the BOD.
To remove a BOD Member typically they can/must be removed the same way they got on the BOD which is elected by fellow owners.
If appointed to the BOD by BOD Members to fill a vacancy then the BOD alone can remove them.
Officers and BOD Members are two different species
Typically Officers are elected by the BOD alone from its members. The BOD can call for an Officer election anytime they desire. Even if a Director is not elected to become an Officer, they are still a member of the BOD.
To remove a BOD Member typically they can/must be removed the same way they got on the BOD which is elected by fellow owners.
If appointed to the BOD by BOD Members to fill a vacancy then the BOD alone can remove them.
BillD16 (Texas)
Posts: 973
Posts: 973
Posted:
Quote:
Posted By RichardG23 on 07/21/2023 12:22 PM
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
If this forum had a FAQ, this question would almost certainly be on it. In general, a careful reading of the governing documents tends to reveal that (as others have already mentioned) Board members can vote other Board members in and out of Officer positions, but removing someone from the Board requires a majority vote of the Residents. Which, if you think about it, makes a certain amount of sense.
Bill
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Quote:
Posted By RichardG23 on 07/21/2023 12:22 PM
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
Both FS 718 and FS 720 allow for removal of board members for any reason if a majority of the MEMBERS votes to remove them. In this case, the MEMBERs is the owners entitled to vote. Just like your members (owners) vote people onto the board, they can vote people off the board.
Your declaration or bylaws may say that other board members (sometimes called directors) can vote someone off the board without approval by the owners. It's not likely, but it may say that. Check the exact wording of your bylaws to see what they say. And then check with an attorney.
I can guarantee in my community that we could never get a majority of owners to participate in anything, even voting someone out, unless it was a highly publicized crime or we could prove (without slandering the person) that they stole money form the association. It's a tough situation.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
So, Lori's citation tells you, Richard, the FL statutes that apply.
And as I think just about everyone else wrote, tour Bylaws will ell you what reason IF ANY, the board members/directors may remove a director or "Declare the seat vacant," which is language sometimes used.
The most common reason for a Board to be able to remove a director is if they miss x number of board meetings. Another is if they no longer meet the qualification for candidates as in your bylaws. Perhaps being xx days behind in their dues.
(My HOA's Bylaws has a couple of other reasons why directors may remove board members but they're not typical so far as I know. Moreover, IF a director is removed by the Board, ONLY the owners/members may vote for a replacement.)
And as I think just about everyone else wrote, tour Bylaws will ell you what reason IF ANY, the board members/directors may remove a director or "Declare the seat vacant," which is language sometimes used.
The most common reason for a Board to be able to remove a director is if they miss x number of board meetings. Another is if they no longer meet the qualification for candidates as in your bylaws. Perhaps being xx days behind in their dues.
(My HOA's Bylaws has a couple of other reasons why directors may remove board members but they're not typical so far as I know. Moreover, IF a director is removed by the Board, ONLY the owners/members may vote for a replacement.)
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
Quote:
Posted By RichardG23 on 07/21/2023 12:22 PM
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
Our HOA governing documents allow a removal of a member of the board of directors without cause, by a majority vote of the other members. Has anyone been a part or have seen this happen
no because getting a hold of 50% of the community to vote on anything is something I'd estimate would take 5 to 6 hours of door knocking and people are generaly pretty lazy to do that. The best turn out our HOA has had on any vote is about 1/3 of the membership, getting more than 50% would require something insane like a huge price increase or speical assessment.
vis ta vie
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