It is important for homeowners and fellow directors to understand how to remove HOA board members. This way, they can utilize the process and ensure that they meet the requirements when the need for removal arises. After all, allowing the problematic board member to remain in a position of power will do the association more harm than good.

 

The Role of HOA Board Members

Board members play a critical role in managing and governing their communities. They are volunteers elected by their fellow homeowners and are responsible for ensuring the HOA’s effective and smooth operations.

Duties can vary from one association to another. However, in general, the duties of board members include the following:

• Creating and enforcing rules and regulations
• Developing policies for community management
• Addressing homeowner concerns
• Preparing the annual budget
• Collecting dues
• Approving expenses
• Maintaining reserves
• Maintaining common areas
• Contracting service providers
• Communicating with homeowners
• Resolving disputes
• Planning for the future
• Ensuring compliance with the law and the governing documents

Unfortunately, not all HOA board members fulfill their responsibilities effectively. At times, homeowners may encounter a problematic board member who doesn’t understand the association’s operations, disrupts the community, and generally holds their duties at a low priority. Even more concerning are board members who engage in unethical behavior, such as dishonesty, theft, or other breaches of their fiduciary duties. Due to these types of leaders, it’s essential to know how to get rid of HOA board members when needed.

 

How to Remove HOA Board Members

Should the time come that homeowners want to remove a board member, it is critical to follow the proper procedures and fulfill certain requirements. Here’s how to remove HOA board members the right way.

 

Check State Laws

The first thing homeowners should do is check state laws. Many states have laws that specifically apply to homeowners associations.

In some states, laws mandate the automatic removal of a board member under specific circumstances. For instance, the Florida Condominium Act Section 718.112 requires the automatic removal of an HOA board member if they receive a felony conviction, get a charge of felony theft or embezzlement of association money, or fail to pay HOA dues.

There are also laws that dictate how homeowners can vote to remove board members. In North Carolina, for instance, Section 47F-3-103 of the Planned Community Act dictates how to remove a board member from HOA. The section states that a majority vote of all homeowners present at any meeting where there is a quorum may remove a board member with or without cause.

Sometimes, homeowners will need to turn to their state’s nonprofit corporation law for guidance. This is usually the case if the state’s HOA laws are silent on the issue and the HOA is organized as a nonprofit.

 

Check Governing Documents

The HOA’s governing documents, specifically the bylaws, should contain instructions and requirements for removing board members, including how to vote out HOA board members. Typically, the bylaws will also dictate what grounds or causes are considered valid to remove a board member. However, for some associations, there doesn’t need to be a cause or reason.

Generally, removing a board member requires a vote from all HOA members. To ensure the vote is valid, it is essential to follow all the relevant procedures outlined in both state laws and the governing documents. This includes meeting requirements for prior notice, a special meeting, quorum, and proxy voting.

 

Alternatives to Removing an HOA Board Member

Removing board members is not always the answer. There are alternative routes homeowners and board members can take to mitigate the negative influence of problematic leaders.

Here’s how to remove HOA board members using more alternative means.

 

1. Strip the Board Member of Their Duties

If an HOA board member’s actions do not warrant automatic removal, taking steps to remove them from an official position on the board can help keep things under stricter control.

HOA boards generally do not have the authority to vote a member off the board directly. This often requires a vote from all HOA members. However, boards typically have the power to remove an officer, such as the president, vice president, or treasurer. This decision usually requires a majority vote from the board. The specific authority to remove officers is typically outlined in the HOA’s bylaws.

 

2. Wait for the Board Member’s Term to Expire

Because HOA board members usually serve for a limited term of two to three years, one of the most effective ways to address a problematic board member is to simply to wait for their term to end. If the member runs for re-election, there are several ways to take action. Homeowners can support a different candidate’s campaign, volunteer to run, or express their concerns at candidate forums or meetings leading up to the election to influence voters.

 

3. Ask the Board Member to Resign

Before resorting to a vote to remove an HOA board member, it can be beneficial to address the issue directly with the problematic member. The board president or other members might choose to meet informally with the individual to discuss their behavior. During the meeting, they can address the situation and request a formal resignation.

This approach offers a less confrontational alternative to a direct removal through impeachment. It avoids unnecessary aggression, helps protect the member’s dignity, and simplifies the process, as it does not require a community meeting or a vote to remove the board member.

 

Grounds for Removal of HOA Officers

Knowing how to remove an HOA board member is usually not enough. Sometimes, homeowners need a reason to vote out a board member, which is referred to as grounds for removal.

Here are some grounds for removing board members in an HOA.

 

1. Failure to Perform

Board members who neglect or completely disregard their duties are unfit to lead the community. If a board member consistently fails to fulfill their responsibilities, such as skipping meetings or disregarding the procedures outlined in the governing documents, homeowners have valid grounds for their removal from the board.

 

2. Breach of Fiduciary Duty

Board members are entrusted with three primary fiduciary duties: the duty of care, loyalty, and the duty to act within the scope of their authority. A breach of any of these duties could justify the removal of an HOA officer.

 

3. Fraud

Fraud is a serious concern for many associations, and addressing it promptly is crucial. To prevent further issues, board members who engage in fraudulent activities should be removed from the board. Additionally, any criminal behavior should be reported to the appropriate authorities.

 

4. Unethical Behavior

Board members are expected to act ethically in all matters related to the association. If a conflict of interest arises, they should disclose it and recuse themselves from relevant decisions. Failure to do so may warrant removal from the board. Moreover, any abuse of power, such as using their position for personal gain or to target other homeowners, is grounds for dismissal.

 

5. Obstructive Behavior

Board members who are uncooperative, difficult to work with, or intentionally disruptive hinder the association’s work. Such behavior obstructs progress and makes it challenging for the rest of the board to function effectively, providing a valid reason for removal.

 

Consideration Before Removing an HOA Board Member

Homeowners should know how to remove a board member from a homeowners association. However, before resorting to removal, it is important to first attempt to resolve the issue at hand.

The most effective initial step is to bring concerns to the board’s attention, either by scheduling a special meeting or by addressing the issue during a regular board meeting. It is crucial to remain respectful when expressing concerns about a board member and avoid making public accusations or false statements. Homeowners should raise their concerns in a calm and professional manner.

Additionally, whenever possible, homeowners should propose potential solutions to the issue. This can help expedite the process and make it easier for board members to know how to address the problem.

 

Frequently Asked Questions

 

Can an HOA board member be removed immediately?

Voting to remove an HOA board member usually takes time, as it requires adherence to certain notice requirements, quorums, and majority votes. Since it’s a long process, homeowners should not expect removal to come immediately. However, once the decision is made, the board member is immediately stripped of their title.

 

Can you remove an HOA board member without them knowing?

Typically, removing an HOA board member without their knowledge is not a straightforward or legal process. In most cases, the board member must be informed and given the opportunity to respond. The removal process usually requires transparency, and the individual in question must be notified following the HOA’s governing documents and applicable state laws.

 

Can you remove an HOA board member without a vote?

There are some avenues that would allow owners to remove a board member without a vote. For instance, in Florida, if a board member is convicted of a felony, they can be removed at once without a vote. However, it ultimately depends on the circumstances, state laws, and the HOA’s governing documents. Removing a board member typically requires a vote from the membership.

 

How to get rid of the HOA president?

Removing an HOA president typically follows the same process as removing other board members. Homeowners must follow proper procedures and meet certain requirements according to state laws and the HOA’s bylaws.

 

How to remove a condo board member?

To remove a condo board member, unit owners must review their state’s condominium laws and their own governing documents. These two documents provide owners with guidance on how to remove condo board members, including requirements and procedures.

 

How to Remove HOA Board Members Explained

While removing board members is sometimes the only solution to a problem, it shouldn’t be the first choice. Homeowners should first seek to address the issue and talk to the problematic board member directly. Make sure to use a calm and professional approach. Removing them from their position should follow the proper requirements and procedures if all else fails.

Cedar Management Group provides management services to HOAs and condominiums. Call us today at (877) 252-3327 or email us at help@mycmg.com to learn more about what we can do for your community!

 

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• How To Resign From An HOA Board Gracefully