President attacks member at meeting

At our last meeting of the board our new president took over his first meeting. When a member in attendence asked " where are the minutes from annual meeting" he said "I don't know where are they do you?" When a board member tried to defend the member he was told by the director to shut up or there's the door. When we were about to ajourn without discussing raising dues 6% instead of the allowed 3% the member went to him and asked him to sign a paper to see the action that was taken to raise them. The president jumped up and pushed the table into him saying"get the f*** back to GD chair. The member, who walks with a cane, almost fell down. The president then said,"if you mess with me you will need more than GD cane to protect yourself. I asked the president to apoligize to the group and he said no. The president will not resign and has the votes to do whatever he wants. Rather than face the people who want him to resign as president he cancelled last night's meeting. I see nothing in our ccr's that would cause him to step down if tha majority of the board goes along. A police report was filed. It is on audio tape. Is there anything else we can do?

James, my understanding is that the directors could vote the offending member from his office (remove him as President), though they cannot remove him from the board unless they were the body that appointed him in the first place (to fill a vacancy, for example.) The members of the association, though, can recall a director whom they have elected. Then it would be up to the board to appoint a replacement.

Obviously, somebody got knickers in a knot and made a scene. Probably a dispassionate view would help in sorting out what action should be taken.

Inexcusable behavior!

How many are on your board? Is the president a new director? Why did the board elect him president??

Our bylaws, backed by CA law, permit the board to remove a director from his office with a simple majority vote. Get the necessary backing from other directors and do it in Executive Session. Why in the world would a majority of your board support him? He is not working in the best interests of your HOA!

As the same meeting, you can ask for his resignation. If he refuses, removing him as a director probably requires a vote of the membership.

Another step is to formally censure him. If your governing docs are silent on this, as our are, check your state's corporations code. If silent, turn to Robert's Rules of Order.

Finally, if your gov. docs permit or state codes, your board can form an Executive Committee, including everyone but him. I don't know much about this, e.g., if the Executive Committee can only be used in Executive Session, or what?

Fla. BoDs cannot remove any director regardless of how the member came to office.

Recall[removal] power is limited to 51% of the membership and can be done without a meeting.

That's what is funny. The guy wasn't in charge 5 minutes when it started. When he would not apoligize to the group I asked him if he had even read the ccr's and he said no and probably would never read them. I'm guessing they called off the meeting because they don't want to take that vote on record.

Oops! I had thought 617.0808 applied, but I see now that it does not. As you say, board members cannot remove any director regardless of how the member came to office. Thanks, Peter. I appreciate the correction.

Discipliary procedures are in Roberts Rules, chapter 20. (10th edition)

They speak to the requirement that Members refrain from 'conduct injurious to the organization and its purpose." What you have descibed fits that description, IMHO.

The chapter speaks to the chair's right to "call a member to order"

Sorry, I mis-spoke about the chairs power with the board members to remove them from the hall. (He/she can remove Non-Member members who disrupt the meeting.)

It is the assembly (board) that has has the power to remove the offender from the hall (among other things) by motion. Read this chapter in RONR for the entire process.

1. In the State of Florida what occurred is considered assault and battery.
Call the Police,the victim must press charges. Then your President will not be able to attend meeting from jail.

2. It takes a recall among the members of the HOA to stop this when a majority of the members fail to remove the guy.

3. However, when ever one of the five members who support him are unable to attend a board meeting then the four who oppose him can also not attend. Without a quorum there can be no meeting.

4. If two members who support him cannot attend the meeting, the four who oppose him can then vote to recall him and instal one of their own choosing.

5. Be sure to record all future meetings.

6. Ask the county sheriff to attend also.

Good luck!

I agree you can try this but who has the authority to physically remove another?

You will need to hire an off-duty officer or adjourn the meeting if the person refuses to leave.

Not all HOAs are compelled to follow RONR.

Peter - the question was who has the POWER to remove a person from a meeting. Roberts Rules gives that POWER (authority) to the board, itself.

The word "remove" can cover anything from asking them to leave the premises or having a police officer there to escort that person out the door.

Martin, Are you referring to this:

(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

If so the majority of voting interests means the MEMBERS not the Directors.

That wasn't my question.

I asked you to support your statement:

4. If two members who support him cannot attend the meeting, the four who oppose him can then vote to recall him and instal one of their own choosing.

But to be honest I knew you couldn't.

First I use two computers and I am both H1 & H2.
PeterD3, what is your problem?

The Members of the HOA (owners) can vote to recall a member of the Board of Directors, in this case the Board Member who is the President. That is what I referred to in posting the link.

OR

The members of the Board of Directors (who are elected by the HOA Members) can vote to unseat the current President. He will still be a Board Member but not the President

In my HOA we had a President who managed in a few short months to piss off most of the members and a majority of the Board of Directors with his behavior at meetings, his comments to home owners and in his words published in our newsletter.
I made a motion at a Board of Directors meeting to remove him from office. The motion passed and the vice president assumed the job of acting president for the remainder of the year. He is still a board of director member.

Let's face the truth, some people get it into their head that they are better than everyone else. When they become a President of an HOA, it is either up to the Members of the HOA or the members of the Board of Directors to put a stop to their insane, Megalomania.

I did it on my Board.

Peter,

That's what I like about this forum.

I finished a "statement of facts" and a recall ballot to try to remove this guy. We have around 240 lots that are owned by around 130 members. That means I need over 121. We have some lots that there is no owner as they have passed away with no family and haven't been foreclosed on and some that are in foreclosure. Do these count against the total. No one has been properly removed from voting for overdue dues. this group is too lazy to send out the 14 day notice.