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Subject: Impeach Homeowners Assoc. President?
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Author Messages
TerrieB
(Arizona)

Posts:6


07/27/2006 1:20 AM  
Can anyone give me advice on How to impeach a Homeowners Association President in the State of Arizona?
CharlesW1
(Georgia)

Posts:826


07/27/2006 4:06 AM  
TerrieB- I assume your prez, isn’t working out for your community. That’s to bad. At least you are aware of his/her intentions for the community. I don’t know how to get them removed from office, if you look in the search bar. I’m sure you would find something, Matter of fact; I just read something the other day about “removal of a board member” maybe that will tell you something, more than you know right now. Right?!

Good luck
Chuck W.

Charles E. Wafer Jr.
LuciusD


Posts:0


07/27/2006 4:26 AM  
The first step is to read the governing documents of your association. The Bylaws are the most likely source. Look for recall or removal of a Director.
RogerB
(Colorado)

Posts:4887


07/27/2006 6:55 AM  
Terrie, your By-laws should advise on removal of the President. Usually the Board can remove any officer from office but not from the Board. To remove a Board member, including any officer, usually requires a vote at a duly called members meeting. Duly called means that notice of the meeting includes consideration for the removal of specific Board members. There must be a quorum present to call the meeting to order to conduct business.
VM
(Florida)

Posts:5


07/27/2006 7:01 AM  
Hi TerrieB, I live in an HOA in Florida. We are at this very moment doing a recall on our President. I spoke with our Property Management Co. They provided us with the recall ballots and told us what percentage we needed. This information should be in your bylaws and documents. Our Management Co. was very helpful to us. I will tell you it is a very long process. We have 419 homes in our community. We need a 51% to recall him. It has taken us about 35 hours per group to go to 179 homes. It's taking so long because everyone wants to know why..as if they couldn't look around at our new community. We spend about 15-20 minutes on each house. On a positive note we have been to out of 179 homes we have 173 signatures. Only 6 no's! Hopefully by Tuesday we will have enough signatures to turn them into our Management Co. You will need to get a list of the homeowners and make sure that ONLY the homeowner is signing the ballot. We got one from our Management Co. and we have gone to the tax records if there's been ones in question. GOOD LUCK!
RogerB
(Colorado)

Posts:4887


07/27/2006 7:41 AM  
VM, I recommend a petition process for the members to remove Board members, including officers such as the President when allowed by the By-laws. When permitted it can be much easier than a ballot vote of all members.

A petition signed by 20% (or whatever the By-laws specify) can be used to call special meeting of the members. The petition should specify the purpose of the meeting is to remove the President from the Board and if removed to vote for a Director to fill the Board vacancy. It is wise to include the date, time and location of the meeting otherwise the President may be able to delay the meeting indefinitely.

Once the petition is signed by more than a sufficient number of 'eligible' members provide it to the Board for notification to all members. If proxies are allowed you can also get them signed while canvassing for petition signatures. They may be necessary to have sufficient votes to prevail at the meeting and to make sure a quorum is present to have the meeting. Also, have a good candidate willing to fill the Director opening.

This process can be used to remove one to all Board members. And if none of the Board members attend a Special Members Meeting it can still be held as long as there is a quorum. A chairman and recording secretary can be appointed by those present. And if the Board refuses to notify the members of the Special Members Meeting you can provide notice as per the petition.
hoatalk


Posts:563


07/27/2006 7:54 AM  
This article has the details for AZ:

http://www.azcentral.com/community/westvalley/articles/0127hoaguy0127Z3.html

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TerrieB
(Arizona)

Posts:6


07/28/2006 6:15 PM  
Thank you ALL for the information. I had helped me greatly. We have a Realtor as President bending & twisting the CC&R'S to his advantage. Looks like I have a job cut out for myself. Thank Again!
BeauJ
(Arizona)

Posts:12


08/06/2006 9:52 PM  
You do not state the reasons thatyou want to impeach the President of yur Assn...Arizona's legislature has recently enacted some new statues regarding removal of Board Members, I suggest you go on line & find out the proceedure..which will take presidence over any others...I also suggest, that if this is a personal conflict..that you go no furthur..Try to work with the Board & the President..this is a volunteer position..and just because you..(or maybe the Community) do not like his/her actiosn that they are probably doing their fiducuary duties and inciting the Community is not a pleasant option. Why not wait till when the term expires & push to have a new Preident..who in most organizations is elected by the Board



TerrieB
(Arizona)

Posts:6


08/07/2006 2:27 AM  
Thank you BeauJ for your information and comments. I can assure you this is NOT personal in any way. As I raised issues on WHY our HOA Pres. was overriding our CC&R'S in favor of a contractor that was abusing them, it became VERY apparent WHY. Our HOA Pres. is a Real Estate Broker, actively working our community as his "farm" area, had listed & made a deal to SELL the home to another Real Estate agent. The home happened to be across the street from my home. We live in a Desert Perserve, upscale gated community with strict CC&R'S that over-lap with the Preserve CC&R'S. I actually had to go to the Preserve's Board of Directors to STOP our HOA President! He Refused to take any action against the Contractor that was in violation of several Major, Major issues. The entire process was taken out of our HOA Pres. hands.. The Preserve Board of Directors has the last word.. Most States do NOT allow Real Estate Agents become HOA Presidents. This guy is using our community as if it is his OWN little playground to break whatever rules he wants when it is in his Financial Interest. I was curious and very interested in seeing what it would take to Remove this Crook. I have found it is quite an undertaking! My neighbor who was ready to "Rumble" has run for the hills..... At this point, I am an Army of One!!! Although, I am certain I would be successful in getting enough signatures to call for a Vote to Oust this guy.... What concerns me is the Very Fine Line I would have to walk in the wording of a petition and Very Careful what I said about him...... I'm just not sure if I have it in me at point in life to carry this threw to the end.
JulieS
(Georgia)

Posts:412


08/07/2006 12:04 PM  
I'm not aware of any law that does not allow a person who happens to be a real estate agent to not be the president of an HOA.

How do the other board members feel about this situation? If they feel that this person is not acting in the best interest of the HOA, they can probably remove him from the duties of president per your HOA's documents (but not the board). Is the issue with the preserve based on the president acting on behalf of the HOA or is it something that he did outside of the association as a realtor?

I was removed last year by someone in our neighborhood who doesn't like me. She accused me of making up fake proxies to overturn the results of the election (she had been elected at the meeting). The truth is that the absentee proxies were never counted. This person got the 25% required signatures for a petition to call a special meeting. She then went door-to-door every night for weeks to the point that people gave her their proxies for the special meeting to get her to stop knocking on their door and leaving literature. She managed to get the exact number of votes needed to remove me and one additional person (I am now back on). This type of behavior and action cost the association over $3,000 and created a hostile environment between neighbors and the entire community. I would recommend that you have your facts straight and really know what you are doing when you head down this road.
BeauJ
(Arizona)

Posts:12


08/07/2006 1:01 PM  
Thank You for your reply to my question...Arizona does not have a Statue regarding Real Estate Agents being on Boards..I do realize the frustration Community Members feel when a Board Member uses his/her postiton to their own advantage. I would keep "tabs" on the situation, by attending the Preserve Meetings..asking questions of their Board & if you believe that there was an improper action by the realtor, contacting The Real Estate Board...Please do not allow this person's actions to take over "rental space" in your life. Be very careful what you say about him..name calling etc..e-mails are not considered private..also neighbors, friends might construe what you say in a differant manner..and if there is a court fight they will "run" Life is too short..Take Care! Beaujo

BeauJ
(Arizona)

Posts:12


08/07/2006 1:01 PM  
Thank You for your reply to my question...Arizona does not have a Statue regarding Real Estate Agents being on Boards..I do realize the frustration Community Members feel when a Board Member uses his/her postiton to their own advantage. I would keep "tabs" on the situation, by attending the Preserve Meetings..asking questions of their Board & if you believe that there was an improper action by the realtor, contacting The Real Estate Board...Please do not allow this person's actions to take over "rental space" in your life. Be very careful what you say about him..name calling etc..e-mails are not considered private..also neighbors, friends might construe what you say in a differant manner..and if there is a court fight they will "run" Life is too short..Take Care! Beaujo

EdR
(Texas)

Posts:170


08/08/2006 11:26 AM  
It is unfortunate that some directors don't have the sense to know that what they are doing is a conflict of interest and just recuse themselves from involvement in those matters from the beginning. We had a director on the board in my assn. a couple of years ago who was and still is, one of the most prolific foreclosure attorneys in the Houston area. She became president and was using her power to find her way into management companies to act as their attorney, to get information on homes that might be foreclosing in our assn., on and on, and the most horrendous part was that she officed with another prolific foreclosure attorney, but did not reveal any of this to the board when SHE RECOMMENDED that attorney to be the assn.'s attorney. When a grievance was filed with the State Bar about all of this--she has found ways to retaliate to all five of the signatories. It's the damndest thing you've ever seen. It's a sad, sad situation when people don't know or care about right from wrong--but even though it's sounds cynical, I'm not sure there is a damn thing that can be done about it these days. I'm afraid that Enron was so bad, that everything else seems mild and people just blow it off as ignorance. However, it might be worth telling this realtor president that you don't mean to make any waves, etc., etc., but it might be best if she recused herself from issues that had to do with this matter! Who knows, it might work!
EdR
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Forums > Homeowner Association > HOA Discussions > Impeach Homeowners Assoc. President?



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