Removal of board members

Our homeowner group is very unhappy with board members who do not correct our management company who is condescending with homeowners and fights with them. Board members also lack communication with homeowners. Do we need a lawyer to recall them?

Melissa is right. How to recall directors is in your Bylaws. If they don't tell you much, the Nev. corporations codes or codes about HOAs can tell you. All states are different.

Recall can be tricky and difficult. If your annual election is not too far off, wait until then and vote out the ones who're up for reelection. This method or recall requires though, to make any sense, that you & your group have candidates who're willing to serve.

Meanwhile at open board meetings, owners may ask if the Board would please offer more communication more often about x, y & z.

Your group also could try an informal letter to the Board signed by a bunch of you referring to x, y or z.

Is your manager full-time on your premises? Or serves your HOA part time from a remote office? What size is your HOA?

In my very s wrong opinion, it's always a good idea to read the contract between your HOA & the management company.

Typically not, but you might if the board isn't responsive.

Check your governing documents and applicable statutes.

Typically, the process is:

1) Gather signatures from members on a petition to hold a special meeting of the membership for the purpose of recalling (individual or entire) board members.
The percentage of signatures needed would be in your governing documents or statutes.

2) Submit the petition to the board via the registered agent, certified mail (so you know they got it). Keep copies for yourself.

3) Board verifies signatures to see if the percentage required was obtained.

4) Board (or recall committee if board isn't cooperating) arranges for a meeting date, time and place.

5) Board (or recall committee if board isn't cooperating) sends notices to membership (keeping in mind notice requirements)

6) Recall Committee should be actively soliciting proxies or encouraging participation

7) Meeting is held, votes cast, ballots tallied.

8) If successful -
8a) A vote for new board members is held at the same meeting
8b) Another special meeting is called to vote on replacement board members (until then, existing board members remain in office).

If the board does not want to cooperate in the process, or won't recognize a successful vote, legal action may be required.

It will take a lot of energy and time to complete the process.

An alternate option is to gather support and nominees from the membership to run against the existing board at the next election.

Thanks Tim for your professional answer.

NRS is Nevada state law. BY LAWS are rules in in our documents (CC&Rs). When I said Mess I meant how they interpret our laws. Nevada State law supersedes our By Laws but the MC does not want to acknowledge it with certain instances.

Anyone who wants to go the recall and replace route needs to be very sure that they actually have people willing to be the replacements. It's not unusual for people to talk big, and then when it's time to step up and do the work, they're all "oh no, not me, tooooo busy." You may recall your way into receivership, at which point you'll wish your only problem was a rude manager.

If you do consult with an attorney, those expenses would be the responsibility of the individuals consulting with the attorney.
Even if you are successful in removing the board, those expense would not be reimbursable by the Association.

Therefore, consult/hire an attorney with that in mind.