Impeach Homeowners Assoc. President?

TerrieB- I assume your prez, isn’t working out for your community. That’s to bad. At least you are aware of his/her intentions for the community. I don’t know how to get them removed from office, if you look in the search bar. I’m sure you would find something, Matter of fact; I just read something the other day about “removal of a board member” maybe that will tell you something, more than you know right now. Right?!

Good luck
Chuck W.

Terrie, your By-laws should advise on removal of the President. Usually the Board can remove any officer from office but not from the Board. To remove a Board member, including any officer, usually requires a vote at a duly called members meeting. Duly called means that notice of the meeting includes consideration for the removal of specific Board members. There must be a quorum present to call the meeting to order to conduct business.

VM, I recommend a petition process for the members to remove Board members, including officers such as the President when allowed by the By-laws. When permitted it can be much easier than a ballot vote of all members.

A petition signed by 20% (or whatever the By-laws specify) can be used to call special meeting of the members. The petition should specify the purpose of the meeting is to remove the President from the Board and if removed to vote for a Director to fill the Board vacancy. It is wise to include the date, time and location of the meeting otherwise the President may be able to delay the meeting indefinitely.

Once the petition is signed by more than a sufficient number of 'eligible' members provide it to the Board for notification to all members. If proxies are allowed you can also get them signed while canvassing for petition signatures. They may be necessary to have sufficient votes to prevail at the meeting and to make sure a quorum is present to have the meeting. Also, have a good candidate willing to fill the Director opening.

This process can be used to remove one to all Board members. And if none of the Board members attend a Special Members Meeting it can still be held as long as there is a quorum. A chairman and recording secretary can be appointed by those present. And if the Board refuses to notify the members of the Special Members Meeting you can provide notice as per the petition.

Thank you ALL for the information. I had helped me greatly. We have a Realtor as President bending & twisting the CC&R'S to his advantage. Looks like I have a job cut out for myself. Thank Again!

Thank you BeauJ for your information and comments. I can assure you this is NOT personal in any way. As I raised issues on WHY our HOA Pres. was overriding our CC&R'S in favor of a contractor that was abusing them, it became VERY apparent WHY. Our HOA Pres. is a Real Estate Broker, actively working our community as his "farm" area, had listed & made a deal to SELL the home to another Real Estate agent. The home happened to be across the street from my home. We live in a Desert Perserve, upscale gated community with strict CC&R'S that over-lap with the Preserve CC&R'S. I actually had to go to the Preserve's Board of Directors to STOP our HOA President! He Refused to take any action against the Contractor that was in violation of several Major, Major issues. The entire process was taken out of our HOA Pres. hands.. The Preserve Board of Directors has the last word.. Most States do NOT allow Real Estate Agents become HOA Presidents. This guy is using our community as if it is his OWN little playground to break whatever rules he wants when it is in his Financial Interest. I was curious and very interested in seeing what it would take to Remove this Crook. I have found it is quite an undertaking! My neighbor who was ready to "Rumble" has run for the hills..... At this point, I am an Army of One!!! Although, I am certain I would be successful in getting enough signatures to call for a Vote to Oust this guy.... What concerns me is the Very Fine Line I would have to walk in the wording of a petition and Very Careful what I said about him...... I'm just not sure if I have it in me at point in life to carry this threw to the end.

Thank You for your reply to my question...Arizona does not have a Statue regarding Real Estate Agents being on Boards..I do realize the frustration Community Members feel when a Board Member uses his/her postiton to their own advantage. I would keep "tabs" on the situation, by attending the Preserve Meetings..asking questions of their Board & if you believe that there was an improper action by the realtor, contacting The Real Estate Board...Please do not allow this person's actions to take over "rental space" in your life. Be very careful what you say about him..name calling etc..e-mails are not considered private..also neighbors, friends might construe what you say in a differant manner..and if there is a court fight they will "run" Life is too short..Take Care! Beaujo

It is unfortunate that some directors don't have the sense to know that what they are doing is a conflict of interest and just recuse themselves from involvement in those matters from the beginning. We had a director on the board in my assn. a couple of years ago who was and still is, one of the most prolific foreclosure attorneys in the Houston area. She became president and was using her power to find her way into management companies to act as their attorney, to get information on homes that might be foreclosing in our assn., on and on, and the most horrendous part was that she officed with another prolific foreclosure attorney, but did not reveal any of this to the board when SHE RECOMMENDED that attorney to be the assn.'s attorney. When a grievance was filed with the State Bar about all of this--she has found ways to retaliate to all five of the signatories. It's the damndest thing you've ever seen. It's a sad, sad situation when people don't know or care about right from wrong--but even though it's sounds cynical, I'm not sure there is a damn thing that can be done about it these days. I'm afraid that Enron was so bad, that everything else seems mild and people just blow it off as ignorance. However, it might be worth telling this realtor president that you don't mean to make any waves, etc., etc., but it might be best if she recused herself from issues that had to do with this matter! Who knows, it might work!
EdR