|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
AmyR1
(Georgia)
Posts:1
 |
| 08/11/2006 10:37 AM |
|
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:821
|
| 08/11/2006 10:50 AM |
|
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:1748
|
| 08/11/2006 11:17 AM |
|
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
|
| 08/11/2006 11:31 AM |
|
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). |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|