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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.
JC3
Posts: 290
Posted:
It may be addressed in your documents. The general answer would be that since the association homeowners elected the person, the board cannot remove him. Removal would have to be by the homeowners. However, he can have his "position" taken away by the board, since they appointed him: no longer be secretary, or treasurer, or even president.
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.
SuzyC
Posts: 36
Posted:
It appears as if it will take the majority of homowners to vote out any according to our bylaws.

The President who thinks that they can make a "motion" to have anyone removed is no aware of our bylaws that govern us. I can see that now that I looked into them

SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, someone has to make the motion!

And a president, at the general membership meeting, is a member and will be able to vote. He could make a motion, but it's probably better that he just lead the meeting.

Removing a Board member should be "with cause." It is not something that is done lightly. I hope this person has a hearing, and is able to respond. Then the general membership can vote, after hearing both sides. (I'm sure there are 2 sides to this story)

OR - he/she might just be asked to resign or just may resign to prevent the hearing.

It's not a pleasant thing to witness or go thru.
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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