How can a community oust the board?

Started by AmyR1 • 3 replies • 1772 views

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AmyR1 (Georgia)
Posts: 1

Posted:

Our board president and treasurer are out of control. Two "good" board members have resigned because of their behavior. Is there anything in Georgia law that allows for community residents to vote off board members?

A

CharlesW1 (Georgia)
Posts: 826

Posted:

AmyR1,

Do you live in my neighborhood? (LOL). I wish I could be of some help to you, but I’m in the process of learning myself. You can be assured that many of the people that will be responding to you have some good advice to give.

I’m sorry to hear of your troubles
Good luck
Chuck W.

Charles E. Wafer Jr.

BrianB (California)
Posts: 2,820

Posted:

in general, there will be no state law that allows you to do such a thing, because boards are part of a business/corporation. as such, board members are subject to the rules of that business (commonly, by-laws) and those must be used to make changes.

Think of an HOA as the same as American Airlines: are there state laws about how to fire the president of American Airlines? Can Florida legislate how Bob's Taco Hut elects a financial officer? Only the shareholders can make changes, and you are a shareholder in your HOA. Read your by-laws, i guarantee there are rules in there for recalls, voting, changing members, electing and calling meetings.

JulieS (Georgia)
Posts: 412

Posted:

The answer to your question is in the by-laws and covenants of your HOA. I'm in GA and our docs require a petition to be signed by 25% of the members. The petition is then presented to the board for call of a special meeting in which a vote of the total association will take place. Our HOA requires a 2/3 majority vote to remove a board member. I went through this last year as the president who was removed (I am back on the board now). What are they doing when you say they are 'out of control'?

Had the other two members not quit, the three of the five members may have been able to remove the president and treasurer from their position but not the board (assuming you have a five member board).

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