New Board vs Old Board

Carol,

In most instances the only way to completely remove a board member is by a vote of the members. However, the BOD can change the duties of a director; i.e. strip the Pres. of his office as Pres. and appoint him to another officer position. The new board is now in charge and they can change any operating policies adopted by the old board. They can rescind any board-adopted rules and adopt other rules as they see fit. Your statement: "Our new board is delibertaly talkiing bad about the old board and changing things that do not need to be changed just to distance themselves from the old board", if true, sounds a bit juvenile to me. However, as I stated earlier, it's their perogative to make any necessary operating changes as they see fit. Can you elaborate on some of the changes they've made?

Carol,
The answer is of course, read your documents and applicable state statutes and follow the rules.

But think for a moment. Why would you expect or not expect to do what ever it is the new Board is doing. That is their job and they have to operate under the same rules as the old Board.

Has it occurred there is blame to pass around if the new and the old board are at odds. It is sure not the owners fault. The aim of a turn over is to be fair honest and forthright. It is clear some bad blood exists and shame on both of them. Their dedication is to the association and their actions should demonstrate that. If you can establish that these changes are to the detriment of the associations, charge them with that information. If you can establish someone is coming to the meeting to create a detriment to the association, charge them with that. If not charge them both with acting to the detriment of the association and have the new board recalled according to your documents.

Can't either of these groups of people get above the fray and see the light?

David,

I agree reassigning the duties of the "errant" board member may not solve the problem. However calling a special meeting to unseat him (which might fail) may not be practical. When so many assn's have problems getting members to attend the annual meeting, asking them to attend a special meeting to vote on the removal of a board member might be even harder. Especially if the problems being created by the board member are only a thorn in the side of his fellow board members. Perhaps the best way to handle this problem may be to ask for his resignation. Oftentimes the person may object to resigning but instead will quit attending board meetings then, in most instances, the board has the authority to remove him for that reason. This is not a pleasant situation for any of the board members (I've been on a board that had to ask for a member's resignation).