Voting out a President

Gina,
The Statutes say that any Board member can be removed "With or Without Cause" so get your proof in hand, get the rest of the Board informed and do what you think is the right thing to do. The President is not the Board all by himself.

What kind of decisions is he making? Have they been addressed at a meeting? Tell us some more.

Gina,

If this "first hand knowledge" is coming from another board member, I would be asking him/her, "so what are you going to do about it?" The other board members can remove him from his position of Pres. if he is taking action on important matters and bypassing the other board members. If I were you, I wouldn't get involved unless this "first hand knowledge" came with "first hand proof". Hearsay, is just that!

But you have not answered WHAT decisions he is making that makes you think he is doing something wrong.

Giona,
First class advise here Gina. You are aware the Board is the only enity involved in this. They elected the president they have to vote him out. If what he is doing is misconduct, that is a separate matter and probably must be considered by the members in total.

As said, present your evidence to the Board at a closed session if misconduct is involved. If not, do it at an open meeting and motion for removal. He is still on the Board but his leash is now short.

...also the legal decisions will affect our HOA finances.

Gina,
Go back to your original post.

Unless your documents state different, the Board does not have to have reason to vote off the Preisdent. You can walk into a meeting, make a motion that the president be recalled via a vote of the board. You will need a second, there must be a discussion and at some point there has to be a vote. The motion is to call for the vote, I doubt you can stop that kind of motion and a vote on the motion must be taken. If the motion passes by majority, then the BOD is polled or roll called and the results are valid.

If you want to recall for cause, or if your documents say you have to have cause for a recall (And I doubt that), you have to prove cause. Why you would consider that is beyond me. Don't the other Board members have any knowledge of any of this, there is nothing I know of that would prevent you from contacting them idividually and letting them know what is going on. Once he is no longer President, his authority (if he ever had it in the first place) to make any deals for the Board is finished. I would guess, he is relying on his Presidency to allow him to speak privately with your lawyer. I doubt that kind of authority is granted in your documents or any state statute. He is doing it because the Board don't stop him, simple as that. If what you say is fact, I would look for a new lawyer ASAP.

Gina,

While it may be OK for the Pres to meet with the attorney to discuss certain legal issues; no decisions should be made w/o first consulting with the whole board. In fact when it comes to discussing pending or contemplated litigation, the attorney should meet with the whole board. The Pres has no authority to act alone on anything, unless he is given that authority in the bylaws or CCRs, which I doubt very seriously. The board members need to have a talk with the Pres and let him know he can be removed from his position as Pres, unless he's willing to change his ways. This will only continue if the other board members allow it to!

Gina:

If you don't mind a few questions......

How long have you been on the Board?

Were you elected as VP?

Other than this situation what type of relationship do you have with the current President?

Were they elected elected?

How long have they served on the Board???

Besides this situation how would you rate his performance as President?

Thank you.