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Subject: HOA director recall process
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Author Messages
JosephC12
(Virginia)

Posts:2


05/02/2019 3:20 PM  
Assoc. Bylaws state: "DIRECTOR REMOVAL FROM OFFICE. A Director may be removed from office, with or without cause, but only at a special meeting of the members called for that purpose and only if the number of votes cast to remove the Director constitutes a majority of the votes entitled to be cast, in person or by proxy, at an election of Directors by the membership."

If the number of Assoc. members eligible to vote is 1150 how do I interpret the portion (above) "...only if the number of votes cast to remove the director constitutes a majority of the votes entitled to be cast, in person or by proxy, at an election of Directors by the membership." Does "majority of the votes entitled to be cast..." mean 576 votes are required to recall the director?


Additionally, is the process in Robt's Rules?
RichardP13
(California)

Posts:3534


05/02/2019 3:23 PM  
Posted By JosephC12 on 05/02/2019 3:20 PM
Assoc. Bylaws state: "DIRECTOR REMOVAL FROM OFFICE. A Director may be removed from office, with or without cause, but only at a special meeting of the members called for that purpose and only if the number of votes cast to remove the Director constitutes a majority of the votes entitled to be cast, in person or by proxy, at an election of Directors by the membership."

If the number of Assoc. members eligible to vote is 1150 how do I interpret the portion (above) "...only if the number of votes cast to remove the director constitutes a majority of the votes entitled to be cast, in person or by proxy, at an election of Directors by the membership." Does "majority of the votes entitled to be cast..." mean 576 votes are required to recall the director?


Additionally, is the process in Robt's Rules?



Based on your quote, you need to remove the entire Board.

Been there, Done that
SueW6
(Michigan)

Posts:492


05/02/2019 5:48 PM  
Joseph,

What do your documents say about elections to the Board? What is the threshold for voting?

That same scenario is needed to remove the director.

Those who vote in, can vote to remove. Same process.


JohnC46
(South Carolina)

Posts:8274


05/02/2019 5:52 PM  
Joseph

As you wrote it, yes it would take 576 owners (in person and/or via Proxy) voting yes to remove a Director. If only 575 vote yes, the Director remains. This assumes the Director was elected by the owners. If the Director was appointed by the BOD, then the BOD might could via a BOD only majority remove the Director.
RichardP13
(California)

Posts:3534


05/02/2019 6:10 PM  
Folks need to look at what happens IF cumulative voting is allowed. IF it is, then you have to remove the whole board.

Been there, Done that
JohnC46
(South Carolina)

Posts:8274


05/03/2019 5:54 AM  
When we transitioned from Declarant to Owners we had a very smooth transition. The appointed BOD asked the Declarant to change some Covenants/Bylaw while he still had the power to do so. Changes were:

1. Annual Meetings: Must be held on or before May 15.
2. Proxies: Proxies are now allowed.
3. Quorum: Changed from 50% to 20%.
4. Cumulative voting not allowed.
CjC


Posts:177


05/13/2019 6:34 AM  
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Forums > Homeowner Association > HOA Discussions > HOA director recall process



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