Absent Board Membert

A Board member from our HOA has missed 3 consecutive meetings. What is the process for removing this individual from the Board?

Corporations Code 7221. Removal of Director for Cause

(a) The board may declare vacant the office of a director who has been declared of unsound mind by a final order of court, or convicted of a felony, or, in the case of a corporation holding assets in charitable trust, has been found by a final order or judgment of any court to have breached any duty arising as a result of Section 7238, or, if at the time a director is elected, the bylaws provide that a director may be removed for missing a specified number of board meetings, fails to attend the specified number of meetings.

(b) As provided in paragraph (3) of subdivision (c) of Section 7151, the articles or bylaws may prescribe the qualifications of the directors. The board, by a majority vote of the directors who meet all of the required qualifications to be a director, may declare vacant the office of any director who fails or ceases to meet any required qualification that was in effect at the beginning of that director's current term of office.

Bruce,

Those absences may have been excused by the BOD. Perhaps the board member is out of town on business or is ill. Only the BOD can determine whether or not a member's absence should be excused or not. Only if the absence is not excused should the board take appropriate action as outlined in the bylaws. Case in point, a member of my assn's board has taken a job in another state but is not certain whether or not she will keep the job, therefore her absence at the last board meeting was excused.