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SuzyC
Posts: 36
Posted:
I am pretty sure I read this correctly but according to try to do this a majority amongst homeowners must vote for removal from what I read on the DS act. Correct? Our CCR's and bylaws do not say anything about this.

The current president of 5 years is trying to make a "motion" to remove a board member.... I do not beleive she knows the rules that regulate us.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
SuzyC,

I am not sure about California, but I would bet somewhere in you documents it is specified.
Normally, under these circumstances the Board should have a majority to call a special meeting. The President may have this authority also.

The special meeting is called to take a vote on recalling the specific member. After the President informs the members that the meeting is open, he then cites the reason as stated in the recall (special meeting notice). Normally the person has the right to defend his actions. After this a motion is made to put the recall to vote and a secret vote is made or proxies counted (if allowed), the vote is declared valid and the total announced. It will take a couple months to get this far if there is no obstacles. All people objecting to the recal should be alloted a specific time on the florr, to rebut.

If he resigns, it will be simpler. You have to follow California statute and association documents, as required.

I am sure there will be folks to psot about the Davis Sterling Act.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
I'm not sure what a "rouge" board member is.

Do I have it correct that your president wants to have another board member removed?

Basically, it should work this way. First, check your documents to see what they have to say on the subject. Your bylaws, Declaration or CCRs, etc. Then check your state laws. See what all these documents have to say about how board members are elected, what their qualifications are, what their terms of office are, how and for what reasons they can be removed from a position, what happens when the position is vacated, etc.

Typically, according to parliamentary procedure (ie, Roberts Rules) only the body that elects a person can remove that person from the position. It also depends on whether your rules allow a person to be removed with or without cause. If they can't be removed without cause (only with cause) then you have to prove that the person actually committed some act, or was guilty of deriliction of duty or something like that. That may require a formal "trial" by Robert's Rules.

As an example, if a person is a board member and is also an officer, and if the membership elects board members and the board elects officers, then:
1. Only the board can vote to remove the person as an officer. The person is still a board member if he or she is otherwise qualified,
2. Only the general membership can remove the person as a board member, The person is still an officer if the qualifications of holding office are still met.
JaneK (California)
Posts: 175
Posted:
Yes, it takes a majority of members of the association to remove board members, I’ll have to check again, but I believe the entire board must be removed. It has to be a recall. Check your CC&Rs and ByLaws too.

The board cannot remove a director from the board.
Jane

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