Parliamentary Procedure Q&A
Q:
A Board member of our home owners association has moved several states away but will not resign.
Our bylaws do not address this.
He still owns property.
Is there any way he can be removed from the board?
- Anon., Sep. 30, 1999
A:
The board of a HOA conducts business of the Association between regular (usually annual) meetings.
It is subordinate to the Association.
The member of the board may be deposed for cause (e.g., dereliction of duty) in one of two ways, depending upon the wording of your bylaws.
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If the bylaws say he will serve "for ___ years or until his successor is elected," the election can be rescinded (see RONR section 34) and a successor elected.
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If the bylaws only say he will serve "for ___ years," or if they say he will serve "for ___ years and until his successor is elected," then the procedure for disciplinary action and trial is used (see RONR section 60).
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