removal of the current board

I have recently had several issues with the HOA board member using there power unfairly and in many cases it appears that they have been acting bias. My question is, can the homeowners vote to remove the board members before their term is up.(California)

Thank you, I have been putting all my facts together and requesting all the documents. Once I have that in hand i'm going interview each home owner and get their thoughts. Several have expressed their concerns already. I'm having a big issue with the property management company, they have been very reluctant to release any information to me.

What I would do in your case is wait until their term expires and unite the rest of the neighbors to run for positions on the board. The same thing is happening in our HOA. We have three members that have been serving on the board for over six years and they act like they own the community. In my situation, the board is attempting to assess seven of us with another lot assessment because we have recombined lots that were recombined by the developer. In the past no one wanted to serve on the board for reasons unknown but now with this assessment situation homeowners are showing more interest in serving. Our election of new board members occurs next may and I am now recruiting other members to run for positions. We plan on having a "pigpickin" probably in April to meet the neighbors and get a slate of who wants to run for what office.

Good luck. OwenE

CA has big problems. To remove the board, the association must recall them. That takes 51% of the total members to do this. It is easier to wait for an election to replace board members. If you have rampant apathy as many HOAs do, you can get your candidate in with a ‘majority of the majority.’ On our case it’s only 26% of the members rather than the 51% it takes for a recall. Hope I’m making sense here. Check your bylaws on that one.

Interviewing the homeowners is a good idea, that's where we found apathy and that a recall wouldn't work. It's been difficult to get people to run for the board. So we're replacing board members a few at a time.

The association is required to provide you with certain documents, if they don't provide them contact the CA Attorney General http://ag.ca.gov/consumers/general/homeowner_assn.htm

Jane

Charles,

Florida Statutes state that a Board member can be removed " with or without cause" by a majority of the remaining Board members or by a recall from the membership. It would not be a vote from the membership but a recall process which is spelled out in Statutes 720:303

Steven,

Be mindful of the fact that Donna has quoted FL law and you live in CA. AZ law is contrary to FL law! Even your condo handbook may be contrary to CA law. You have to do what CA law and/or your gov. docs say.