The diverse talents and personalities of an HOA board help an association only if those serving contribute, are honest, and attend meetings. When a board member fails to adhere to the bylaws or engages in behavior harmful to the association, a recall is often necessary. How to proceed with an HOA board member recall depends upon state law and the rules for such action within an association's bylaws.
Common Actions That Result in the Recall of an HOA Board Member
Recalling an elected HOA board member is a serious decision. While board members are volunteers, their actions while in the office require professionalism and a refrain from certain behaviors. Everyday actions that can result in the recall of an HOA board member include:
- Failure to attend board meetings
- Conflict of interest
- Steals from the association
- Exhibits disruptive or contentious behavior
There are generally three types of legal grounds for recalling an HOA board member:
- With cause: Examples include situations where a board member has a felony conviction or is of unsound mind
- Without cause: While those issuing the recall do not need to state a specific reason, a majority vote of the membership is often necessary
- Court action: Court action is sometimes needed if the recall effort involves specific issues or other attempts to recall a board member have failed
How to Proceed with a Possible Recall
Dispute resolution should be your first step. If unsuccessful, the next steps toward such a process depend upon state law and association documents, such as the bylaws.
The membership may initiate a petition designed to recall an elected board member. A majority vote by the membership is typically required to complete the recall. An association may want to recall one board member —or in some cases —the entire board. Other actions by the board may include:
- Let the board member's term expire
- Hold a special meeting for voting a board member out
A recall is generally a stressful process for all involved. Depending upon your situation, removing the board member from certain committees or decreasing their responsibilities is another potential option.
An HOA board position is a serious responsibility that must not be taken lightly. When a board member abuses their position or is no longer competent to fulfill their duties, it is time to take action. If you are uncertain how to move forward, consulting with your association attorney can ease your mind.
HOA Boards: Not All Members Are a Great Fit
An HOA board should include those eager to contribute their time and talents to the association's good. If you experience a board member who fails to attend meetings, who engage in criminal behavior or is virtually impossible to work with, take action.
No association should suffer unnecessarily due to the action of one board member. In cases involving an entire board, the membership must review all pertinent documents and laws to ensure they handle the process correctly.
About RealManage
At RealManage, our team understands the complexity of HOA boards. We provide associations with the professional management they need to strive. Fromm supporting board members to assist with how a recall works according to your state laws, we can help you.
It is easy for hurt feelings to develop when it comes to HOA board positions. Ensuring the best people possible are among those serving on the board is essential to a successful association.
At RealManage, our services include budget oversight, communication with membership, and other aspects of property management. To learn more about how we can help your membership, contact us online today for a free proposal.
Guest Blogger
Staff Writer
