Homeowners Association (HOA) board recalls are rare, and when they do happen, it is crucial to ensure they proceed according to the association's bylaws and state laws. These laws provide the basis to determine whether a recall is necessary and how to conduct it.
State laws carry more weight, and your association bylaws cannot violate them. That means if they do, you will have to revise them before holding a recall vote. You may need an attorney to ensure your association documents are consistent with your state's laws. The Villa Riviera Condo Association case teaches a lot about ensuring an association's bylaws don't violate any state laws.
Common actions that result in the recall of an HOA board member
It isn't an easy decision to recall an HOA board member, but sometimes that is the only option left when there is serious mismanagement or breach of fiduciary duties. Common actions or behavior that can result in the recall of an HOA board member include:
- Conflict of interest
- Serious mismanagement
- Failure to attend meetings
- Steals from the association
- Impossible to work with
- Shows disruptive or contentious behavior
Statutory grounds for removing HOA board members
There are three legal grounds for recalling HOA board members:
- With cause: for example, when a board member fails to attend meetings, fails to meet the qualification of directors, is of unsound mind, or has a felony conviction.
- Without cause: no specific reason is given by those issuing the recall. A majority vote of the membership is often key in this situation.
- Court action: necessary if the entire process involves specific issues and when other attempts to remove a board member have fizzled out.
How to proceed with possible recalls
Recalling an HOA board member is tedious and expensive at the same time, that is why putting in place a dispute resolution plan should always be your first step. With a good dispute resolution plan in place, you will be able to iron issues out most of the time and prevent further actions that have the potential to harm your association. For example, let the board member's term expire.
However, if unsuccessful, the next step to take will depend upon state laws and your bylaws. A major membership vote may be necessary to remove a board member. And as mentioned earlier, before proceeding, ensure your association documents do not violate state laws, or you will likely face a tougher challenge thereafter.
An HOA board is critical to the success of any community. For that reason, whether you decide to stop a recall or proceed, if uncertain how to move forward, it is wise to consult an attorney.
HOA boards: Not all members are a great fit
Any HOA association depends on its board members to be successful. If one of its members or the entire board is not behaving as deemed, members have a right to take action. You don't have to suffer unnecessarily because of a board member's action or even the entire board.
Take action as soon as possible before your association collapses. And in case you need to remove the entire board, ensure to scrutinize all documents thoroughly to avert further problems afterward.
GrandManors: We have your back
At GrandManors, we understand an HOA board position in each community and work tirelessly to support them in the best way possible. Our approach to HOA boards is holistic, and when it comes to recalls, we help them proceed judiciously and at the right place.
We know you want to see the right people govern your association. Our services are tailored to ensure only great-fit individuals hold those positions. To learn more about how we can help your association, contact us today for information.