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Removing a board member

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Kay Haynes

Guest
What is the name of your state? Washington

We have an appointed board member filling a vacancy who is trying to initiate rules and restrictions voted down during previous boards by homeowners. She has caused conflicts with neighbors by frequent complaints and harrassments since moving in recently, and has manuevered herself on the board to try to achieve her agenda. This is a conflict of interest. Is this cause for automatic removal? I should add she has gone behind the president's back to have a closed board meeting to accomplish this, getting a 2nd vote from the treasurer to create a majority, knowing the president would not allow a closed meeting. It appears the property manager is working with her as well.

Our bylaws state that a board member can be removed by vote of homeowners at any meeting held for that purpose. 2nd question is can a recall petition (of which we have signatures of more than majority of homeowners) substitute for a meeting? The petition would be handed to her by the president at the board meeting.
 
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CdwJava

Senior Member
Your by-laws are going to cover all this ... no law is going to govern how your private organization operates. If you operate as part of a tax-exempt organization, you may have some guildelines that you have to operate under with regard to the law, but otherwise I think you are going to have to refer to your organization's by-laws.

It sounds like you need to find out how to get a meeting scheduled for the purpose of removing this person, try and get a quorum (as stated in the by-laws) present to vote him out. And, you may want to find out about your proxie rules and have proxies instead of a petition.

Carl
 

HomeGuru

Senior Member
Kay Haynes said:
What is the name of your state? Washington

We have an appointed board member filling a vacancy who is trying to initiate rules and restrictions voted down during previous boards by homeowners. She has caused conflicts with neighbors by frequent complaints and harrassments since moving in recently, and has manuevered herself on the board to try to achieve her agenda. This is a conflict of interest. Is this cause for automatic removal? I should add she has gone behind the president's back to have a closed board meeting to accomplish this, getting a 2nd vote from the treasurer to create a majority, knowing the president would not allow a closed meeting. It appears the property manager is working with her as well.

Our bylaws state that a board member can be removed by vote of homeowners at any meeting held for that purpose. 2nd question is can a recall petition (of which we have signatures of more than majority of homeowners) substitute for a meeting? The petition would be handed to her by the president at the board meeting.

**A: a petition would not suffice for a meeting. Ask for a special HOA meeting to be held, present the petition and call for a vote. Be sure all the signors on the petition show up and vote. If some members could not be present, be sure to follow the proxy procedures.
 

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