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Subject: Can residents remove a HOA board member?
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Author Messages
FredW5
(Florida)

Posts:111


06/04/2019 9:21 AM  
Hello.
A board member has placed our community in a dangerous situation. One of our community streets which was a "dead end" , had a gate at its end, which was removed due to damage, and has not been replaced for over 5 months, due to inaction of replacement by a board member who is in charge of our streets. Since then, there have been several accidents, and vandalism of properties and cars. there is now traffic entering through this now open area which leads to a busy road. . Can residents vote , or petition to have this person removed from the board, or can the other Board Members be the only ones to have him removed? Rresidents want to file a class action suit against the board, and the management company for their inaction.
BobB31
(Florida)

Posts:124


06/04/2019 9:28 AM  
Of course:
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Recall Procedures
JohnC46
(South Carolina)

Posts:8650


06/04/2019 10:52 AM  
Fred

One BOD Member cannot hold up the entire BOD. The delay is with the BOD, not the one member. Spend your time and effort on this.
GenoS
(Florida)

Posts:3177


06/04/2019 1:12 PM  
Good answers so far. In fact, Fred, the other board members cannot remove him or her. Only the homeowners can do that. You'll need a majority of all homeowners to do it but if you follow the proper procedures yes, it can be done.
FredW5
(Florida)

Posts:111


06/04/2019 1:52 PM  
Thanks for the prompt, concise responses.
SamE2
(New Jersey)

Posts:145


06/04/2019 2:09 PM  
Our HOA documents have the procedures for removing a board member in them.
BobB31
(Florida)

Posts:124


06/04/2019 2:17 PM  
In Florida, the statute overrides what is in the governing docs. For example, our 1970s vintage bylaws require a 2/3 majority. This is overridden by the 2018 statute.
GenoS
(Florida)

Posts:3177


06/04/2019 7:53 PM  
Posted By SamE2 on 06/04/2019 2:09 PM
Our HOA documents have the procedures for removing a board member in them.

Not applicable in Florida. Felony charges aside, the only way to remove a director from the board in Florida is for the owners, by majority vote, to recall him/her. Bylaws that say anything else are void.
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