How to Remove an HOA Board Member

HOA board members must work together and promote the community’s best interest.

Disagreements between board members or between their membership are common and not necessarily a cause for alarm. If you have a board member, however, who fails to fulfill their role, acts against their fiduciary duty, or commits a fraudulent act, it may become necessary to remove them from the board.

If your board has found itself needing to remove a fellow board member, or you’re a homeowner who wishes to begin the removal proceedings, we recommend following the 5 steps below:

Initiate

HOAs are required to hold meetings regularly and allow homeowners to attend and voice their opinions.

Attending and expressing your concern is an effective initial step in alerting the board to the problem and instigating a board member’s removal.

Remember to be calm and civil. We also recommend you avoid making specific public accusations.

Check the Laws

Before beginning the removal process, be sure to consult both your association’s governing documents as well as any applicable state laws.

Governing documents should clarify the conditions relating to board member removal and what actions must be taken.

Additionally, state laws may call for the immediate removal of a board member in certain situations, such as if the member commits a felony or there is egregious fiduciary fraud.

Petition

Gather support for the board member’s removal by obtaining signatures from homeowners.

Include these signatures in the proposal, as well as reasons for the removal as required by your governing documents or state laws.

Meet

Plan to hold a meeting to specifically address and vote on the board member’s removal. Your governing documents should give direction on when and how to conduct the meeting, including what votes are needed for the motion to pass and if advanced notice to homeowners is required.

Replace

After a successful vote, it’s important to have a plan in place to quickly elect a new board member to fill the vacant position.

Consult your governing documents to ensure you comply with the established election process.

Removing a board member can be a challenging process, but if the board or members of the community deem that it is in the HOA’s best interest, creating a plan first will help everything go as smoothly as possible.

We recommend relying on your governing documents, state laws, your HOA management firm, and your legal counsel to ensure a smooth and successful transition.

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Related: Jellybird HOA Management blog