RealManage Insight

Can An HOA  President Be Impeached? Here's What to Know

by Camille Moore on Jul 7, 2022 1:30:00 PM

Community association presidents often have a lot of power and responsibility. They can make decisions that affect the entire community. 

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Although most volunteer board members balance this tough job very well and have the best interest of the community in mind, rarely, that might not be the case. What happens if they start abusing their power? Can they be impeached? 

Although we understand why this question would be asked, generally, impeachment is a political tool, association board members can be removed but not impeached.

In this article, we will explore the process of removal and discuss whether or not community association presidents can be removed.

What Could Put an HOA President at Risk of Being Removed?

The role of the president of a community association (HOA or Condominium) is to preside over board meetings, develop and oversee the implementation of policies, and perform other duties as specified in the association's governing documents. Rarely, there may be situations where the president is not fulfilling their duties or even abusing their duties. 

It is important to remember that usually, the President's role is an officer, elected by the other Board Members. Association members, the property owners, elect a slate of volunteers to be Directors and then the Board of Directors chooses officer positions amongst themselves.

In many of those circumstances, the other board members may be able to remove the president from that officer position but they would remain a Director on the Board. 

It’s important to note that the removal of an officer is a serious process that should not be taken lightly. HOA presidents may be removed for reasons such as: 

  1. It has become impossible for the Board to work in the community’s best interest under their leadership. 
  2. They have violated the HOA's bylaws. 
  3. They have abused their power.

What is The Process for Removing an HOA President?

When it comes to removal, one of the first things you need to do is understand the Bylaws for your community.  Why is this so important? Covenants or DCCRS (Declarations, Covenants, Codes and Restrictions) typically govern what can be done on each lot, like where to store a trash can but the Bylaws govern the Board of Directors.

The Bylaws are typically where information on the election and removal of any Board Member will be stated.  Otherwise, you could end up wasting a lot of time and effort on something that ultimately won't be successful.

So, what should you do if you think your HOA president needs to be removed? First, read your bylaws to check on the process.

Second, try speaking to the management company or other Board Members to make sure you aren’t misunderstanding the situation. Often, concerns can be addressed with a frank and direct conversation, community management is often more complicated than it appears from the outside. 

Next, gather any supporting documentation that you have (e.g., emails, text messages, etc.).

Finally, put together a formal complaint or request for removal and present it to the board. Once they receive your complaint/request, they will determine whether or not to move forward with the removal process.

While it may seem like a lot of work, it's important to take the time to understand the process.  By doing so, you can increase the chances of a successful outcome.

What Happens After an HOA President is removed?

After an HOA president is removed by the other Board Members, they will no longer serve in that position but they will likely remain on the Board.

Depending on the bylaws of the HOA, there may be a process for electing a new president or the vice president may automatically assume the role. 

It is important for the Board to work together to ensure a smooth transition and maintain stability within the organization. 

Your Community Deserves the Best

The removal of an HOA president can be a difficult and emotional time for everyone involved, but it is important to remember that the HOA should continue to function and serve its members.

When everyone in the community feels that the board of directors has their best interest at heart, it can boost morale and create a better environment for all residents.

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