A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

How to reject someone who wants to be on condo board?

Started by PhilK3 • 10 replies • 244 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PhilK3 (Pennsylvania)
Posts: 48
Posted:
I'm on the board of a small condo association. We currently only have two board members. We should have three. One former board member, I'll call Person A, asked to rejoin the board.

The other board member does not want Person A to come back on the board. They say that Person A causes more harm than good. I think they might be right.

We don't relish having to tell someone that we don't want them on the board. Any suggestions on what we can say when we reject Person A? What is the nicest way we can put it?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I see three options:

OPTION 1

You have someone else who is willing to serve and elect them.
Tell the individual thank you for volunteering the board went with someone else.

OPTION 2

Nobody else will agree to volunteer
You have a quorum so can conduct business
tell the individual you decided to stick with they way it is until the next election so the members can choose.

OPTION 3

Nobody else will agree to volunteer
Three people are required by law or governing documents
tell the individual welcome back.
KerryL1 (California)
Posts: 14,550
Posted:
Our Board went with Tim's Option 2 once b/c we knew the one wiho wanted to be on the Board was a constant toxic element.
PhilK3 (Pennsylvania)
Posts: 48
Posted:
Quote:
Posted By TimB4 on 04/22/2025 11:30 AM
I see three options:

OPTION 2

Nobody else will agree to volunteer
You have a quorum so can conduct business
tell the individual you decided to stick with they way it is until the next election so the members can choose.


We might try to go with option 2 and try to pretend we're not rejecting them.
KerryL1 (California)
Posts: 14,550
Posted:
Oh, and btw, in our case, the women we did not want in July when we had the vacancy didn't even run for the annual election in Oct. and those who did & were productive board members.
BoguslawK (California)
Posts: 2
Posted:
Adams-Stirling website can be good source of information; see:
https://www.davis-stirling.com/HOME/C/Candidate-Qualifications-in-HOA-Elections
A person can be disqualified from serving on the board if:
1. Delinquent. The person is delinquent in the payment of regular and special assessments unless (i) paid under protest, (ii) entered into a payment plan, or (iii) was not offered Internal Dispute Resolution (IDR) by the association. (Civ. Code § 5105(c)(1) & (d).)
2. Joint Ownership. If the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director. (Civ. Code § 5105(c)(2).)
3. Owner Less Than One Year. If that person has been a member of the association for less than one year. (Civ. Code § 5105(c)(3).)
4. Criminal Conviction. A past criminal conviction that either (i) prevents the association from purchasing the fidelity bond coverage required by Section 5806 should the person be elected or (ii) terminate the association’s existing fidelity bond coverage as to that person should the person be elected. (Civ. Code § 5105(c)(4).)
5. Term Limits.
........... Just my observations, you did not say anything that would disqualify this Person "A" to serve on the Board
........... Sorry you have such petty disagreements
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By BoguslawK on 04/24/2025 8:59 AM
Adams-Stirling website can be good source of information;
What you posted is specific to California. When an owner can be disqualified is highly state dependent and bylaw dependent.

AI Answer to "When is a member ineligible to be on a HOA board":


AI Overview

A homeowner is generally ineligible to serve on an HOA board if they are not a member in good standing, which typically means they are current on their dues and other financial obligations. Additionally, a candidate may be disqualified if they are not a homeowner within the community, if they are in a joint ownership situation that could create a conflict of interest, or if they are challenged by another member and the Inspector of Elections finds them unqualified. [has link for more info]

Here's a more detailed breakdown: [has link for more info]

Membership and Good Standing:
HOAs often require board members to be homeowners and members in good standing, meaning they are up-to-date on dues and other financial obligations.

Joint Ownership:
If another person with a joint ownership interest is already on the board, it could create a conflict of interest, potentially disqualifying the candidate.

Challenge and Qualification:
If a candidate's qualifications are challenged, the Inspector of Elections will investigate and determine if the candidate meets the necessary requirements.

State Laws and Governing Documents:
Specific qualifications and requirements can vary based on state laws and the HOA's governing documents.

In essence, the goal is to ensure that board members are qualified, representative of the community, and free from conflicts of interest. [has link for more info]

Generative AI is experimental. For legal advice, consult a professional.
ElleN (Idaho)
Posts: 1,333
Posted:
Quote:
Posted By PhilK3 on 04/22/2025 11:02 AM
I'm on the board of a small condo association. We currently only have two board members. We should have three. One former board member, I'll call Person A, asked to rejoin the board.

The other board member does not want Person A to come back on the board. They say that Person A causes more harm than good. I think they might be right.

We don't relish having to tell someone that we don't want them on the board. Any suggestions on what we can say when we reject Person A? What is the nicest way we can put it?
Your current board of two has a fiduciary duty to reject appointing anyone to a vacant seat who the board thinks would be detrimental to the board's functioning.

This competes with the fiduciary duty to have the number of directors that the governing documents require.

This person can run for election at the annual election. The current board cannot disqualify him from running in the annual election unless the bylaws or state law have some eligibility criteria he does not meet.
ElleN (Idaho)
Posts: 1,333
Posted:
Regarding how to reject this person:

He applies to be on the board.

The board responds. "Thank you for your application."

Say nothing more. If he demands an explanation, again say nothing more. Why? Because the answer is based in legalese, and you all are not attorneys. You do not want to give the guy anymore reason to threaten a lawsuit than he already might think he has. The more lawsuit threats, the more times the insurer must be contacted, the greater the chance of an increase in insurance rates.
SheliaH (Indiana)
Posts: 6,964
Posted:
How small is your community? Have you tried recruiting someone else?

If you have to go with Tim's option 3, you may need to have a sit down with this person before taking a vote to discuss your concerns about his conduct when he previously served. Don't make it about personality- it is helpful if one is liked, but if there were issues with him being lazy, seldom attended meetings, never prepared, underminded the board constantly and more, that needs to be addressed.

Otherwise everyone will waste time and association business will suffer. After all, that's why you're on the board in the first place.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Filling a vacancy (Board decides) is a different matter than an HOA accepting candidates for election (owners decide) to the Board at the Annual Meeting.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement