Get 1 year of free community web site hosting from!
Tuesday, November 30, 2021

HOATalk is a free service of

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Removal of an elected director for cause
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages


02/05/2006 5:05 PM  
I live in Indiana and need to know if there is a definition for "cause." Our HOA bylaws allow a director elected by the membership to be removed the remaining majority of the BoD for "cause." It appears that can make up whatever they want. The BoD must appoint a replacement. A director has been removed it appears for not part of the good-ole-boy network and asking too many questions and been replaced by an former board member. There is something rotten going on! Any guidance is appreciated!


02/05/2006 10:36 PM  
Hi, Kurt--

The best answer to your question will come from a review of the Indiana HOA statute and any case law interpreting "just cause."
But--it's a foregone conclusion that political differences don't consitute JC.

The tougher question is: What political or legal remedies are available to the wrongfully ejected director?

Political Remedy: Your governing docs and/or state law probably give shareholders some rights to recall board members. So, if you've got enough political muscle, you can just flex it and dump the dumpers. Or elect a better board next time.

Legal Remedies: If the bad guys have the clout, legal approaches may be your best or only options. You can get a copy of your governing statute online or through your state representative. Through FindLaw and Lexis/Nexis.One, you may even be able to get a free look at Indiana case law.

For example, a wrongfully dumped director may have a viable suit for defamation, or breach of contract or . . . S/he or any other shareholder injured by this maneuver may have a suit for breach of fiduciary duty. These are Q's for a lawyer who knows Indiana law, including HOA law. The toughest part may be proving enough actual damages to justify attorney fees and court courts.

Other Ideas: You may want to read Douglas's post on HOA Boards, which has many suggestions about dealing with bad boards. Hopefully, one of them will work for you.

Law Reform? Unfortunately, as I spell out in my post on "Rogue Boards and Guerilla Shareholders," none of my suggestions or anyone else's may be any darn use at all . . .I personally think it's high time we start admitting that this mass social experiment has major problems which, in many states, still need fixing at the legislative level.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Removal of an elected director for cause

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.

General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by  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.
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 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 official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement