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Forums > Homeowner Association > HOA Discussions
Subject: HELP?? Which one is the correct way to remove a Director?
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Author Messages
TW1
(Texas)

Posts:5
08/19/2010 10:43 AM  
Our POA Declaration of Covenants, Conditions, and Restrictions states
Section 8.05.3.a. The officers of the board serve at the pleasure of the membership. They may be removed at any time by a 2/3’s majority vote of all Lot owners of Subdivision.

Bylaws states
Section Article 4 Board of Directors, 4.15. The Board of Directors or members may vote to remove a director at any time, only for good cause. Good cause for removal of a director shall include the unexcaused failure to attend three consecutive meeting of the Board of Directors. A meeting to consider the removal of a director may be called and noticed following the procedures provided in the bylaws. The notice of the meeting shall state issue of possible removal of the director will be on the agenda and the notice shall state the possible cause for removal. The director shall have the right to present evidence at the meeting as to why he or she should not be removed, and the director shall have the right to be represented by an attorney at and before the meeting. At the meeting, the Corporation shall consider possible arrangements for the resolving the problems that are in the mutual interest of the Corporation and the director. A director may be removed by a affirmative vote of fifty (50) percent of the Board of Directors or members.

Article 5 Officers
Removal
5.03. Any officer elected or appointed by the Board of Directors or membership may be removed by the Board of Directors or membership only with good cause.

I read that
In order the HOA documents from highest to lowest are:
Plat
Declaration
Articles of Incorporation
By-laws
Rules and Regulations

Which one is the correct way to remove a Director?


GlenL
(Ohio)

Posts:3526
08/19/2010 11:06 AM  
TW this is the third post from you on this, all you did was change the header. I know you want an instant response but that's not how it works.

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/99172/view/topic/Default.aspx

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/99171/view/topic/Default.aspx

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns
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Forums > Homeowner Association > HOA Discussions > HELP?? Which one is the correct way to remove a Director?



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