How to Remove a HOA Board Member
Amid civilized disputes and discussions between homeowners and their board of directors, there may be disagreements of such scale that resolution comes only through radical change. These changes typically come through the replacement of either a single member or the entire board. Although such events are only advised as an extreme measure, it is necessary to have be prepared with precautionary knowledge and awareness of the process in advance.
First and foremost, the removal of an HOA board member may very well be one person’s initiative, but it will never succeed without the support of others. It’s important to distinguish individual wishes from the needs of the community, and in turn find out whether other homeowners are like-minded. If the initiative receives support, be sure to consult all respective bylaws so that there is familiarity with the procedure. As Benjamin Franklin so well put it, “By failing to prepare, you are preparing to fail.”
Steps to removing an HOA board member
For the most part, the process is similar for the majority of homeowner associations (HOAs):
- An individual or a group of homeowners initiate the proposal for removing a board member or the entire board
- A meeting or other form of voting is organized
- Depending on the results, the board members in question are either removed or left in their current position
Some key divergences remain intact, though. In Florida, for example, board members may be recalled by written ballots or a written agreement, while Colorado state laws permit such action to be taken only in special meetings, announced at least 10 days in advance.
Details to be checked in relation to bylaws before proposing or recalling a board member include:
- The percentage of voters required for a quorum
- Means by which a vote can be submitted
- How vacancies are filled in case of successful vote
- The involvement of third parties in the process
In many cases, the outcome of the vote is not final, and can be questioned by a petition for arbitration. This is especially important when the board dismisses a vote, or suspends a specific homeowner’s voting rights. Generally, the final order of arbitration cannot be rebutted, and any call for action must be completed shortly.
One can never please everyone, and HOA board members are no exception. Many disputes and votes for removal are fueled by personal conflicts and disagreements while the time spent arguing could be used much more productively for improving the community’s well-being.
If a need for change in the board does seem requisite, it is best to know end goals and determine plans of action beforehand. Careful planning goes a long way and may save valuable time and resources.