When chairman does not call the meeting

Sure, it he shows up the CC&Rs probably indicate tge president presides over any meeting. That doesn’t mean he gets to ignore the agenda or prohibit news business from coming to the floor.

The president can still preside as chair of the meeting. But he has no authority in California. to eliminate an agenda item, that was posted for ownrs 4 days ahead of the meeting. Only the Board may vote to postpone an agenda item.

-- Are two directors a majority of the board?

-- Do your Bylaws state that a board meeting must be held when two directors request it?

-- The California Civil Code does not seem to offer help on what goes on the agenda. The D-S site has a "should" paragraph on the topic of board meeting agendas, but it seems to lack teeth.

-- If the two directors do not have a board majority backing their desire to have this meeting and discuss xyz, then I suspect the only recourse they have is to try to get new directors elected who feel as they do.

Great. Then at this meeting a majority should motion and vote to remove the president as the presider for the next board meeting, which will cover xyz topics. Proper notice to be sent out.

Or if the president is recalcitrant, ask the board to remove the president and install a new one, even if it is only temporary.

Yes CA, Corps. Code, as do your Bylaws permit certain combos of two directors to call a special meeting of the Board. In calling the meeting to the remaining directors, the two specify the items of business on the agenda. Special meetings of the Board generally are only one agenda item, but that's not a requirement.

BUT the agenda should be succinct b/c I don't think you want the Board majority to wallow in a list of alleged "crimes" by the prez. You would have to post this list of agenda items as required, and make sure Open Forum is on it.

If your goal is to is to remove the president from that office & believe you have Board majority support, place it on the agenda: “Discussion and possible action on Board officers.” Or similar. Do know that votes can be secret on this topic per Robert’s Rules.

Re: Elle’s most recent: in CA, at this Special Meeting, the Board may not motion & vote to remove the prez as presider at the subsequent open meeting, and also state a list of agenda tems for the next open meeting UNLESS this whole long thing--an agenda item-- is posted on the agenda for THIS upcoming special meeting. The Board may also not act to remove the president from that office at the special meeting UNLESS on the posted agenda in some language.

How many are on your Board, Terri? Please reply

I am immensely proud of my two fellow directors who called the meeting when president would not.

Yes, Kerry, it looks promising. We shall see.
3 terms expire early June.

You forgot emergency action type items yada.

Otherwise you are claiming that a president who refuses to put discussion etc of his removal on the agenda can reign as president until at least the next election, despite a board majority wanting him gone.

I don't see why I should mention Emergency Meeting, when Terri is talking about a Special Meeting.

An Emergency Meeting also can called by two directors, etc. as with a Special Meeting. BUT the agenda mite must be a tru emergency, which is in Cali.f an unforeseen event or action to avoid serious consequences to the association.

It also doesn't appear that Terri wants "Discussion of Board Offices," or some such ON this special meeting agenda. She nd others seems to want to get ordinary HOA biz done. As she knows, there's a real deal of front loading in Calif. needed for a June election. Since electronic voting is now legal, for example, the Board needs to get started ASAP. The president has nothing to do with this special meeting agenda.

Say, Terri, who will take minutes. I assume there is a sec'y but you've written that th Prince wife takes minutes? and they're never amiable to th rest of the Board or to Oweners. At this special meeting make sure minutes are taken. This is the ONLY official record your have of Board meetings and if this prez loses his position, he might somehow what to take you all to court.

At the close of this Special Meeting, the agenda should say set a date for a future meeting, and the Board can vote on it. I think that's what Tim is advising.

To return to a possible Emergency. During your Special Meeting, IF th president totally loses it and becomes agitated, belligerent, or displays other out-of control behavior, you per Civil Code, I. believe can add an agenda item to remove him from his office as president. I can't check Civ. code right now, Terri,but it's one that you've cited a lot & a very familiar one. I believe you'd need a Board vote to do this.

Another way to handle such behavior could be this. The Board votes to adjourn* your Special Meeting. Two directors immediately call for an emergency meeting immediately or in 15 minutes for the agenda item: Discuss & Possibly remove the president from that office." If any owners are in attendance they, of course, stay. AGain make sure impeccable minutes are kept an that you had one open forum.

* I know you've written the th prez just adjourns whenever he feels like it. That is wrong!