If you are in an area that is planned unit developments (PUD) or common interest developments (CID) homeowners’ associations (HOA) are likely to oversee the development. Additionally, an elected board of directors by homeowners (a “board”) manages the HOA. Being on the HOA board is a crucial task, with a great deal of responsibility.
However, there are a few HOA board members who adhere to their responsibilities. There are times when you’ll encounter one who is such as being a bit tense or disruptive, who doesn’t know or isn’t up to date regarding HOA issues, or who fails to attend the required meetings. A board member who cheats, lies or steals, or violates the fiduciary obligation towards the homeowners association rules.
Here’s how you can decide if you’d like to deport the HOA Board member.
Participate in an HOA Board Meeting
The best first step is to bring your concerns to the board by arranging an appointment with the board or speaking up during an ordinary HOA meeting. The majority of HOAs must organize regular meetings and permit homeowner participation and input. Only present the facts and do it in a calm, rational manner.
If possible, suggest methods to help the homeowners association attorney to resolve your issues. For instance, if you think a member of the board “has the upper hand” due to personal disputes, request that the member abstains from voting on any issue specifically related to the issue (such as an HOA vote to apply an HOA rule against you). ).
Find Out the Legal Rights to Removing from the Board an HOA board member
If you feel that attending the HOA and board meetings isn’t effective or is inadvisable due to fear of an unwelcome reaction Check your state’s laws and the HOA document of governance to find whether you have the legal authority to ask for the removal of the board member.
Check State HOA Rules
Certain state laws mandate the removal of an HOA board member under certain conditions. For instance, in the recall provisions in the Florida Condominium Act (Florida Statutes SSSS 718.112(2)(d) and (o)), A HOA board member can be exempted automatically if found guilty of a crime, and charged with embezzlement or theft felony from HOA fund, or in default on the payment of HOA dues.
Check HOA Bylaws and Other Legislative Documents
The development’s rules and regulations could also contain provisions for the removal of a board member, for example, if a person does not attend a certain number of meetings or fails to cast the minimum number of votes.
Remove from the HOA Board Member’s Official Duties
If you believe that the HOA members’ actions do not justify automatic demotion, the removal of the individual from any official position on the board may lessen the adverse impact.
Please vote to take the HOA Board Member Out
Another option and perhaps the most difficult is to have an election to remove the board member. The procedure for the removal of a member will also be based on the law of the state and the governing documents. This is usually only a last resort because the procedure is typically long, complicated, and could be costly.
Although the removal of members of a board isn’t simple if the member is hindering the running of the project the removal process could prove beneficial.
