Legal removal of a board member

Started by KimberlyP • 5 replies • 1711 views

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KimberlyP (Arizona)
Posts: 1

Posted:

I want to make sure that the documentation is legally worded before having residents sign.
We have a board member who has for years intimidated members of the community. There was a petition for removal of him in 2001 with which he reisgned prior to it being entered. He has now worked his way back onto the board and is again harrassing residents of the community, actually yells at them and at other board members during meetings. I have looked for legal documentation and have been unable to locate what I need as of yet. I would greatly appreciated some help.
Thank you.

GlenL (Ohio)
Posts: 5,491

Posted:

Kimberly in your documents there should be a section on how to remove a trustee or to call a special meeting for that purpose.

Studies show that 5 out of 4 people have problems with fractions

JC3
Posts: 290

Posted:

Read the thread re "board member bullies and badgers." you might get some help there. AND of course, you have to utilize your bylaws, ccrs and state law.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

KimberlyP: The info you need for your own community is in your Bylaws under the "governing" and officer portion.

But, as a matter of info, generally IF a Board member was ELECTED to a Seat on the Board by the resident membership, it is the membership who will remove him, either by vote or petition w/signatures declaring a recall. Once a petition is in place with the number of signatures required, a special meeting can be called for the purpose of recall/removal. You would have to refer to special meeting requirements in your documents and follow them specifically.

IF the Board member was APPOINTED by Board members to fill a vacant seat on the Board, then the Board (w/o membership) can unappoint/remove him from the Board.

No matter how its done, it is an unpleasant situation. Hopefully, the remaining Board members are in agreement with the actions to be taken and will strive to remain professional and above board with the steps necessary.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Hopefully this guy is not the presiding officer.

Your President needs to give a warning to this guy that if he acts in a way that is detrimental to the meeting, he will be asked to leave. Consider that Warning #1. Warning #2 is in writing from the president. Warning #3 is documented. Put the verbal warnings in writing, into the minutes of the meeting.

You will need documentation to get rid of him.

RobertG (Arizona)
Posts: 505

Posted:

Kimberly, I would not try to change any documents. Arizona law "33-1813. Removal of board member; special meeting" clearly defines the process to remove a board member. No matter what you write in your documents, the Arizona law superceds your documents in this case.

http://azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01813.htm&Title=33&DocType=ARS

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