AngelaW3 (Kansas)
Posts: 10
Posts: 10
Posted:
I need to know step by step what actions I need to take to get a board member off the board regardless of the reason.
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HOW DO YOU GET A BOARD MEMBER TO RESIGN?
Started by AngelaW3 • 16 replies • 1455 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
You can ask them nicely to resign or you can follow the steps in your governing documents to remove them.
Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Angela,
Have you checked for State laws governing HOAs? In AZ we have a state law which outlines the procedure to recall a board member.
Have you checked for State laws governing HOAs? In AZ we have a state law which outlines the procedure to recall a board member.
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Legally you can just ask them to resign....or follow your bylaws which will dictate reasons for a board member dismissal. There should also be a way for the members to recall him.
Off the record and not particularily legal you can make things as uncomfortable
Off the record and not particularily legal you can make things as uncomfortable
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Quote:
Posted By BradP on 05/16/2008 9:21 AM
Legally you can just ask them to resign....Off the record and not particularily legal you can make things as uncomfortable
Legally you can just ask them to resign....Off the record and not particularily legal you can make things as uncomfortable
I like the way Brad thinks... Photographs of the board member performing unlawful acts with a sheep might work. As would a couple close calls with cars and brake failures. Or a visit at midnight by Guido and Vitto. Or some inconvenient fires.
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
I wasn't thinking along the lines of sheeps...however that would work...but being rude to someone they may eventually grow tired of it and say this isn't worth it. Not recommending, but an option.
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Oh brad, you are from Kansas! land of Jayhawkers and John Brown, Quantrill's raiders and border reivers... and you couldn't come up with more than a few rude comments?
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Why do you want this person "off" the Board? If his/her behavior at meetings is causing problems, call a point of order and request the President deal with it at the meeting. You will have to "build" a case for his dismissal. Documents all disruptive behavior.
Most bylaws say that Board members can be dismissed with a majority vote of the other Board members, with or without reason - but you really better have a reason.
Good Board dynamics are difficult to create. Some people just don't "gell" together and others have "territorial" or "control" issues.
Your president is charged with running the meeting and making sure that discussions are germane to the issues discussed. If those meetings are falling apart and discussions are getting personal, he/she needs to get the Board back on task.
Most bylaws say that Board members can be dismissed with a majority vote of the other Board members, with or without reason - but you really better have a reason.
Good Board dynamics are difficult to create. Some people just don't "gell" together and others have "territorial" or "control" issues.
Your president is charged with running the meeting and making sure that discussions are germane to the issues discussed. If those meetings are falling apart and discussions are getting personal, he/she needs to get the Board back on task.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Susan you wrote: Most bylaws say that Board members can be dismissed with a majority vote of the other Board members, with or without reason - but you really better have a reason.
Most of the bylaws I've seen and the ones quoted on the posts about recalling BOD members state that while the BOD can remove a officer from a particular position only the H/O can remove them from the board.
Most of the bylaws I've seen and the ones quoted on the posts about recalling BOD members state that while the BOD can remove a officer from a particular position only the H/O can remove them from the board.
Studies show that 5 out of 4 people have problems with fractions
AngelaW3 (Kansas)
Posts: 10
Posts: 10
Posted:
The president, treasurer and the woman who represents our managment company are in a "click". We did have another person on the board that was also in this click with them, so if any decisions came up for a vote, it was always 3:2 ratio. Now, we have 4 members and when a vote comes up it's usually 2:2 and since she's the president, she gets the deciding vote. She's been rude to homeowners at the meetings (some have actually said they are scared of her), she's an alcoholic and drinks before meetings, but is able to hold herself well. Only her neighbors don't have to follow the bylaws. If her neighbors are caught doing something wrong, they are supposed to get letter and fined. She will tell managment not to send the letter and that she'll take care of it--but never does. I tried to get her removed from the board before for public drunkenness on the property, but again 3:2 voting. She's also said that if this place gets too run down, she's just going to pick up and move. I want the laws enforced so this place can look like it did before.
AngelaW3 (Kansas)
Posts: 10
Posts: 10
Posted:
Brad,
Are you on a board in Kansas? Getting Guido is kinda a last resort. Do you know of anything else that can be done? I've gotten into some real fights with her and was just lucky the police weren't called. She's an alcoholic and I've tried to get her off the board once for public drunkenness. At the time we had a board of five and three of the members (including her) were friends, so the vote was 3:2 no. Now we have four members and to get her off for anything would be 2:2 with her the deciding vote. She's in the position to control everything. She said she plans on staying on the board until she moves out--if the place gets run down enough. She's rude to the homeowners (some won't come to the meetings because they said they're scared of her), she drinks before meetings, she twists the bylaws to suit her own needs and if they don't she'll make up an amendment (I think that's illegal?) and hope that no one will question it. One example, a homeowner just put in an outdoor electrical fan (against bylaws). She was already writing up an amendment in case any other homeowner decided to put up a fan, as well. The fan is a "protrudance". I made her get rid of two window a/c's (her neighbors) under this bylaw and said the fan would have to go too. For some reason, she thinks they get to vote on whether it gets to stay or not--YOU DON'T GET TO VOTE AGAINST A BYLAW! I live on a top unit, and I told her that if she ok's this outdoor fan then I'm going to have an over hang built and put in my own fan! I haven't heard a thing back yet. Things are getting way out of hand.
Angie
Are you on a board in Kansas? Getting Guido is kinda a last resort. Do you know of anything else that can be done? I've gotten into some real fights with her and was just lucky the police weren't called. She's an alcoholic and I've tried to get her off the board once for public drunkenness. At the time we had a board of five and three of the members (including her) were friends, so the vote was 3:2 no. Now we have four members and to get her off for anything would be 2:2 with her the deciding vote. She's in the position to control everything. She said she plans on staying on the board until she moves out--if the place gets run down enough. She's rude to the homeowners (some won't come to the meetings because they said they're scared of her), she drinks before meetings, she twists the bylaws to suit her own needs and if they don't she'll make up an amendment (I think that's illegal?) and hope that no one will question it. One example, a homeowner just put in an outdoor electrical fan (against bylaws). She was already writing up an amendment in case any other homeowner decided to put up a fan, as well. The fan is a "protrudance". I made her get rid of two window a/c's (her neighbors) under this bylaw and said the fan would have to go too. For some reason, she thinks they get to vote on whether it gets to stay or not--YOU DON'T GET TO VOTE AGAINST A BYLAW! I live on a top unit, and I told her that if she ok's this outdoor fan then I'm going to have an over hang built and put in my own fan! I haven't heard a thing back yet. Things are getting way out of hand.
Angie
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
first, unless you have some weird by-laws, the president gets ONE vote, no more, no less. on a 4 person board, a 2-2 tie is just that.. a tie, and the motion dies. the president doesn't get to cast AGAIN. that's why most boards are an odd number...
AngelaW3 (Kansas)
Posts: 10
Posts: 10
Posted:
Our bylaws state that the board has a right to have another member removed, but it doesn't go into how this can be done. Angie
AngelaW3 (Kansas)
Posts: 10
Posts: 10
Posted:
Maybe I should move to Arizona--it sounds like your HOA knows how to enforce the bylaws!
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
someone on the board makes a motion in a legitimate meeting with proper quorum to remove another board member (typically from a position, not the board... check your by-laws) and either a second is made, or some discussion is held, and then a vote is taken. majority wins.
and it isn't hard to enforce by-laws... you have a copy handy, you read them, and you tell everyone "hey, the rules say we must do THIS. I am not risking my home, livelihood, money, savings accounts, etc. by not following the rules. No way am i going to break the rules and risk being SUED or go to jail."
and it isn't hard to enforce by-laws... you have a copy handy, you read them, and you tell everyone "hey, the rules say we must do THIS. I am not risking my home, livelihood, money, savings accounts, etc. by not following the rules. No way am i going to break the rules and risk being SUED or go to jail."
HaroldS (Arizona)
Posts: 906
Posts: 906
Posted:
Amazing. That president is voting twice on the same issue? And no one has challenged that? I think I've now heard everything.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Angela,
You said: "Our bylaws state that the board has a right to have another member removed, but it doesn't go into how this can be done." Are you sure the bylaw doesn't say the board can remove an officer? In most assn docs that I'm aware of the board can remove an officer, i.e. strip the Pres of his title; but only the members can remove an elected board member, whether they are an officer of just a director (member-at-large).
You also have stated you now have a 4 member board and most votes end up in a tie so the Pres casts the deciding vote. What??? I've heard of some boards doing a lot of crazy things but I've never heard of a Board Pres. having the power to cast more than one vote on an issue. How can the other 3 of you allow this?
You said: "Our bylaws state that the board has a right to have another member removed, but it doesn't go into how this can be done." Are you sure the bylaw doesn't say the board can remove an officer? In most assn docs that I'm aware of the board can remove an officer, i.e. strip the Pres of his title; but only the members can remove an elected board member, whether they are an officer of just a director (member-at-large).
You also have stated you now have a 4 member board and most votes end up in a tie so the Pres casts the deciding vote. What??? I've heard of some boards doing a lot of crazy things but I've never heard of a Board Pres. having the power to cast more than one vote on an issue. How can the other 3 of you allow this?
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