Ineligible Board Member

We recently learned that a Board Member (Vice President) is not an Owner and thus cannot sit on the Board. He is living with a Homeowner, and he interpreted our docs regarding "Class B Member" to mean that a Homeowner could give permission for a Class B Member to sit on the Board. HIs status was as the "significant other" of the HOmeowner. Our previous property management confirmed he could sit on the Board as "Class B Member"; not so says our new management. VP is no longer the "significant other" of the Homeowner and hasn't been for about 4 years, so that is not even in the equation, if it were in fact true.

Question: how do we remove him from the Board? It is doubtful he will go quietly if we were to ask himn to resign.

Bonnie,

I would first remove him from office (Vice President). This is of course with the expectation that the Board appoints the officers and not the membership. The reason that can be provided for the removal from office is the investigation into the possibility that the member is not authorized to be a member of the Board.

I said investigation because there is obviously some gray area in the interpretation (since two different property managers gave two differing opinions of the requirement). You should then, if you haven't already done so, consult with your attorney for a legal opinion on the requirement and options.

This way, the message is sent from the Board to the one elected member that there are concerns on his membership. Additionally, you will receive a legal opinion (from the lawyer) of your requirements vs. an informed opinion (from your management company) or a layman's opinion (from anyone else).

Hopefully, this answers your question. However, I am curious as to why this became a concern. Is the VP properly executing the duties of the office? Have any motions presented by him/her been questionable? Have any actions done by the VP not been in the best interest of the Association? What happened that makes this an issue now vs. when he was nominated and elected?

Tim

Bonnie,
The Florida Statutes state that any Board of Director can be removed, "with or without cause" by a majority vote of the Board. Clearly, he is an inelligable member according to what you have posted from your own documents. And he has not been living with his "other" for 4 years? How did this slip past the Board and PM?

Donna - do you mean that the person in question can be removed from his position (Pres., VP etc.) by a vote of the Board? Or, do you mean the person in question can be removed from the Board by a vote of the other Board members?