Unfortunately, there are many reasons for which HOA board members are ousted from power. Felony convictions, acts of fraud, or simply not performing the duties required of a board member – all are more common than you might think. The silver lining here is that it is possible for an HOA to remove the board member for their mistakes; hopefully before too much damage is done.
1. See governing documents
The governing documents of your Homeowners Association should clearly state the necessary procedure for recalling board members. Look especially close to the following information: how can votes be submitted? What percentage of votes are needed for removal? How can the new board position(s) be filled?
2. Consult an attorney / See local and state laws
Depending on the situation and state, there may be additional laws your HOA is required to follow. Failure to do the proper due diligence could exacerbate the situation – not to mention cost you a lot of money down the road.
3. Initiate a petition, collect signatures
Draft a proposal to recall the board member(s) and secure the required signatures from homeowners. Depending on your HOA’s governing documents, you may need to include the reason(s) for the removal.
4. Plan to replace the member(s)
Assuming your petition is successful, you’ll need to fill the board seats rather quickly after the offending member(s) are removed. Luckily, the governing documents should determine how to go about this. Either way, it’s important to plan ahead before heading into the war room.
5. Hold a meeting to for the final vote
It’s extremely important to do this in accordance with your governing documents and state laws. Both may dictate how to go about this and also how much advance notice is required for homeowners.
If the vote is successful in recalling board members, it’s advisable to elect new members immediately to fill those vacant seats. Otherwise, the removed members may be able to continue to serve on the board until the new members are elected.
Removing a board member is certainly possible and in many cases completely necessary. But it’s definitely not easy and in some cases can be personal. It should only be done after careful consideration and for the greater good of the association.