💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

TyeG (Washington)
Posts: 22
Posted:
What can you do about a contentious board member purposely trying to stir things up.. Can a board member be removed from a board for purposely defaming the good name of the association and then breaking the rules!! I am hesitant of sending a violation letter out because i think it will send things spiraling out of control.. Help!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you a board member too? Board members aren't above being subject to CC&R's violations. They just are able to express their vote to deny approval of sending the letter. Board members are STILL members of the HOA. So as a member they are subject to the membership rules.

The board member sounds uneducated about the HOA and what it is. I would suggest having some workshops and going over the sections of the CC&R's. This way the member can be educated on their role in the HOA and be less likely to insult it.

Former HOA President
TyeG (Washington)
Posts: 22
Posted:
Yes i am the President, he is aware of the rule and i think this may be a political play to intentionally make me look like i am being heavy handed.. should i try to appeal to the other members in an email for advice.. If they say ignore it, that isn't exactly being consistent now is it! There has to be a way to remove board members isn't there!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There has to be a school of proper punctuation use too...Have you read your CC&R's? It's all in there on how to remove a board member. Funny how the documentation of your HOA works....It has all the rules your to follow in them. Hence why I would suggest a thorough reading of your documents.

Need some more details on the situation or violation. Does your HOA even have a fine schedule or other forms of removal of a violation. A letter can be nice but only if it's got the teeth it needs to take action. I'd like to hear what the violation is and if there is a proper way to address it.

Former HOA President
TimB4 (Tennessee)
Posts: 21,046
Posted:
Tye,

Typically a board member may be removed with or without cause by the people that placed the individual onto the board.

If the Board appointed the individual then the Board may remove them by a simple majority vote. However, if the individual was elected by the membership, then the Board needs to call a special meeting of the membership (following all notice and quorum requirements) for the purpose of holding a vote to recall the individual from the Board and to elect a new Director to serve the remaining term.

As others have said, the exact procedure is typically within your governing documents.

SusanW1 (Michigan)
Posts: 5,202
Posted:
What is this "I" thing? There are other board members. If they are as upset about this as you are, you should have no problem in following HOA documents for removal.

How does the entire board feel?

(First you say he/she broke the CCRs, then you say "rules." What exactly did this person DO?)
CarolR11 (Colorado)
Posts: 2,563
Posted:
Tye, your post is confusing. Along with others who've asked, WHAT rule has he broken? Our board has sent violation notices to the directors among us and even called them to hearing. Ther have been no hard feelings as our board has made it clear to all that we directors also must follow the rules.

And, what do you mean by "defaming the good name of the association"? You wrote about two problems in one sentence and it seems that they should be distinct & separate.

How many directors are there? Read Tim's reply--the board may or may not be able to remove the man from the board. Read your governing documents--educate yourself! In our HOA, the topic is discussed in our bylaws. If the man is an OFFICER, the board with a simple majority vote, probably can remove him from his office, though he'd still be a director.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TyeG on 12/29/2011 12:41 PM
Can a board member be removed from a board for purposely defaming the good name of the association . . .

Are you sure you are not in North Korea? Why not just cut his tongue out? Or why not just accept the reality that owners and board members have the right to state their opinions of their associations without obtaining your approval?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here