Removal of HOA director by petition, Urgent Please

Started by BobF1 • 4 replies • 2461 views

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BobF1 (Oregon)
Posts: 2

Posted:

Patition was filed by the members of HOA to remove the director.
Petition does not state the reason for removal (Ok with
bylaws) The petitioner to get people to sign the petition
told members that director is ill and can not serve on the
bord for that reason. Is this legal? I just saw him on the
street and he is in perfect health.
Petition was filed with the secretary and secretary call
the HOA special meeting. I think that is the president job
to accept and call the special meeting.

I signed the petition because I was ask to do it not realising what I did until now.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Bob,

If that, indeed, is the reason for wanting to recall this board member I would think the BOD could have asked him to resign if he is unable to fulfill his duties because of an illness. Of course, in most instances there doesn't really need to be a reason to recall a board member. If the recall election is held you do not need to vote in favor of the recall even if you signed the petition.

It's normally the Sec's job to notice meetings and the job of the Pres. to preside over them.

BobF1 (Oregon)
Posts: 2

Posted:

This director start questioining the operations of the HOA, and conduct his own private survey of the members.
This cause many problems among officers (they run the HOA)So the president call emergancy Board meeting to remove the director, this did not work because dirrector is not on office and can not be removed on that meeting.
They petition people to sign for the special meeting to remove director and talk about other issues.

Unfortunately this meeting is not about a discussion, its main purpose is to remove the director. There was an improper attempt to remove that director at an emergency meeting after he distributed the survey. He sent out that survey as a private member of the HOA and never intended to represent it as coming from the board. All the data in the survey was taken directly from the budget and/or publicly open meeting minutes. Unfortunetly the other Board members and officers took it as a personal attack and have responded accordingly

GlenL (Ohio)
Posts: 5,491

Posted:

Bob, who can accept the petition and call the meeting should be in the CC&R's but more than likely the secretary is one of them. Since the meeting is called the thing to do now if you want to keep him in office is to rally other homeowners to vote no on the recall.

Studies show that 5 out of 4 people have problems with fractions

DanielH1 (California)
Posts: 482

Posted:

In most cases, a director can be removed without cause. So, the lie -- that the director is ill even though he is not -- is unethical but not relevant. The director could probably sue for slander, though, because the statement was factually false, malicious and intentional.

It seems unfair but, when a director can be removed without cause, the motivations of the voters is irrelevant. They can vote to remove for any reason, even wrong reasons or no reason. If somebody else gave them wrong reasons, it just doesn't matter because they aren't legally required to have a reason.

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