Removal of Appointed Board Member

Bob,

The planned community and condo statutes do not address this issue. However, HOAs are also bound by the nonprofit corp statutes and that's where you'll find ARS 10-3809 - Removal of designated or appointed directors. The statute says a direction appointed by another director or the board may be removed by that director or the board, with or without cause. Written notice must be given to director being removed. The removal is effective when delivered unless the notice specifies a specific date.

FYI, you can find all the statutes governing HOAs at the state website: www/azleg.gov

Just click on "statutes" and scroll to Title 10 for the nonprofit corp statutes, which are Chapter 24 through 40. The condo statutes and the planned community statutes are both in Title 33; Chapter 9 for condos and Chapter 16 for planned communities.

Bob,

My pleasure! I believe most, if not all, HOAs are nonprofits.

I believe Robert's Rules would include that.

Now before Mary's post I would have guessed that once made a member of the Board said person is now the same status as the person being replaced. And as such, the only option is a recall vote from the owners. But that is based on a lack of knowledge on non-profits. Guess I have a new area to read up on.

Susan,

Interestingly, the statute does not even address the required vote. However, I don't know that it would be a motion to rescind; the appointment may have been made a year or more earlier. I would like to believe a motion would be made and a vote taken; however, IAW the statute that isn't even called for. Note, the statute also says if the appointment was made by a director, that director may make the removal -- it doesn't even have to be a board action.

I have the same question regarding asking an appointed member to resign or to remove them from the board, except in the state of Virginia anyone have any ideas where I can look. thanks

Bob, read your Bylaws. Those I have read allow the Board to remove an officer from that postition but not from the Board. And further state that the Board is allowed to remove a Board member (including officers) if that Board member misses 3 consecutive Board meetings or else they can be removed at a duly called association members meeting. Most Bylaws do not differentiate between elected and appointed Board members and if they don't then all must be treated in the same manner in Colorado.

Roger{quote}Bob, read your Bylaws. Those I have read allow the Board to remove an officer from that postition but not from the Board. And further state that the Board is allowed to remove a Board member (including officers) if that Board member misses 3 consecutive Board meetings or else they can be removed at a duly called association members meeting. Most Bylaws do not differentiate between elected and appointed Board members and if they don't then all must be treated in the same manner in Colorado.

Roger Borcherding
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We recently had our President resign (thank goodness) and two days later the MC siad they would be resigning as of Nov.5th.

As we all well know it is time to begin the Budget, getting a hand on the taxes, all the end of the year stuff.

Well, our new President (by default) lives in Mass. and only comes down a few times a year....As the treasurer, I have requested a meeting ASAP so we can go over a plan of action and get started on these things. The problem is this new President knows nothing about our finances but thinks he knows everything and in every sentance he e-mails it is always "I" plan on this and "I" plan on that....After I wrote him and told him we have not paid the Reserves (in our budget) since Apr.07, owing the community over $16,000. and have a delinquency of over $20,000. Our budget is $62, 9??. a year. But only 60 of the 77 HO's have paid, some for over two years.....His reply to me was "why do you continually lie about our finances....our heads are above water and we are doing fine"...He even ask me to resign because of my lies.

The problem is he was first appointed by the President then elected in March/08....All of the Board was appointed and then elected because no one else would run....These Board members will not vote to have him removed or removed from the President position....We can not run a HOA w/o a President on site...he will not call meetings because he can't get to them....So just how hard is it for the members to call a meeting or meetings w/o his imput?....If we could call meeting then he would be missing them so we could remove him.

We have also had afew complaints since he became President. He tells them to take pictures and send them to him, he will investate and will handle the problem if the finances are there and when he comes down. NOT once telling us when he planns to come here to Flordia....

I have read the docs and know how things should be done but w/o the other Board members support our hands are tied.

Thanks Roger but I do know that....this is what I wrote in my post:

"The problem is he was first appointed by the President then elected in March/08....All of the Board was appointed and then elected because no one else would run....These Board members will not vote to have him removed or removed from the President position"....

I am the only Board member that had to seek proxies to get on the Board, the others didn't want me because I cause them problems by wanting the CC&R's and SS followed....he was the VP so there is none now. I have spoken w/the other 2 Board members and they won't vote against him...I just feel we can't wait until he decides to come down, especially when he won't even give me a time frame....

I wish you could read the nasty e-mails he has sent me. I will not e-mail him again...I told him I need to talk face to face. When I'm called a liar about the finances that I have the paper work right in front of me, I want the jerk to tell me to my face.