The only possible options to have that board member removed are:
- The board member no longer meets the qualifications to serve as a director set out in Section 29 of the Condominium Act, 1998 (the “ Act ”) or the corporation’s by-laws; or
- More than 50% of all of the owners vote to remove the member from the board, following the process set out in Sections 33 and 46 of the Act.
Can a condominium board member be removed by another board member?
The one circumstance in which other board members alone can remove an individual board member is when the condominium corporation has a procedure to do so as a result of a violation of a Code of Ethics set out in its general operating by-law (or other stand-alone by-law). This was the situation in the case of Gordon v. YRCC 818.
Can a board member be removed from office?
Only the association members who vote in a director can remove that director from his seat on the board! A board can remove an officer -- like president or treasurer -- from office by plain majority vote. But that doesn't remove this person from his/her seat on the board.
Are You on the wrong end of a dysfunctional condominium board?
Whether you are on the Board of a Condominium Association that is not functioning well due to a rogue Board member or whether you are a member of an Association on the wrong end of a dysfunctional board, the challenging issue of board member removal may have to be considered.
How do you remove a board member from a Hoa?
Removal by the HOA Board. Removal by the Membership The reasons for removing a board member by the HOA membership are not limited to the reasons permitting the board to remove one of its members. Because removal by the membership is done by a recall vote using a secret ballot, a board member can be removed by the membership for any reason...
How to remove a board member from a HOA?
Why can't a board member be removed from a HOA?
Why is it so hard to recall a board member?
What does it mean when a condo board member goes rogue?
Can a HOA remove a board member?
Can a recall election be used for removal of a board member?
See 3 more
About this website
What can cause a board member to be removed?
In some cases, a conflict of interest or unethical behavior may be grounds to remove an individual from the board. In other cases, the behavior of a board member may become so obstructive that the board is prevented from functioning effectively.
How do you get rid of a board member?
Four Ways to Remove a Board MemberPersonal intervention. One-to-one intervention by the board president or other board leadership is a less formal solution to managing problem board members. ... Leave of absence. ... Term limits. ... Impeachment.
Can a board member 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.
How do you deal with toxic board members?
5 Tips For Dealing With Difficult Board MembersConfront the issue head on…. and in person. ... Focus on the organization not the person. Ask yourself what will allow you to best meet your organization's mission and ask your board member to do the same. ... Use specific examples. ... Use “I-messages” ... Listen.
How do you deal with a rogue board member?
There are three ways to help nonprofit organizations deal with rogue board members.Directly communicate with the board member.Hold a special committee session to discuss behavior.Remove the board member, even if it is the Board Chair. No board member is above the mission.
How often should board members be replaced?
Typically, term limits for board members are spelled out in an organization's bylaws. For nonprofit organizations, BoardSource recommends two consecutive three-year terms. For for-profit corporate boards, the National Association of Corporate Directors (NACD) recommends board term limits of 10 to 15 years.
What is a dysfunctional board?
A board in a dysfunctional state shows a lack of confidentiality, conflicting agendas, lack of order, lack of respect for others, promotes a hostile environment, creates secret meetings, fosters personal agendas, has a lack of trust, and creates an environment of dominating members plus nonparticipating members.
How do you change board members?
Default Method: Removing a Director or Officer in the absence of One or More DirectorsUnderstand the rules. ... Provide proper Notice of Meeting. ... Draft a Resolution. ... Ensure that a “quorum” is present. ... Conduct the Vote. ... Record the Vote. ... Report to the State. ... Report to the IRS.
What board members should not do?
Micromanaging staff rather than leading by planning, strategizing and overseeing staff. Avoiding hard questions and giving in to groupthink. Not knowing and understanding federal, state and local laws. Non-profit organization directors not knowing the laws for the type of non-profit organization they run.
How do you write a letter to remove a board member?
A petition to remove a board member should include:A greeting to the board and reason for writing your letter.A list of the reasons with evidence as to why you think they should be removed.The form of action you are asking to be taken.A conclusion and statement of the identities of the petitioners.Signature spaces.
How would you deal with a difficult committee member?
Short-Term Treatment: Hold a special meeting or retreat to renegotiate them. Ask all members to sign a statement confirming they understand what is expected of them. Try to find out reasons the COM member is not pulling his or her weight, particularly if this appears to be a new problem.
When should a board member resign?
There are two general reasons that members resign from a board—either they are not serving the board to the best of their abilities or the board is conducting business in such a way that the member cannot serve on the board in good faith. It helps to remember that board members have legal responsibilities.
How do you ask someone to step down on a board?
Ask Them to ResignInclude Leadership. The discussion should include the chairman of the board and at least one member of the executive committee. ... Highlight Specific Things. ... Explain the Positive Impact for the Organization. ... Refer to Member Policies.
Can a CEO remove a board member?
While the boards often act, at least in the opinion of shareholder activists, like the board and the CEO are in charge, shareholders always have had the theoretical right to get rid of anyone they want. The firing of an individual board member by the CEO or the rest of the board is more common.
How do you remove a chairperson?
Can the Chairperson be removed and how?by ordinary resolution (majority vote) of owners at a general meeting of the Scheme – provided that the intention to vote upon this removal has been disclosed in the notice calling the meeting, or;by majority vote of the committee members at a committee meeting.
How do you sack a board of directors?
You can appoint and/or remove directors through a general meeting, whether in accordance with the replaceable rules or your company's shareholders agreement. To pass a resolution to remove a director from office, you must give a notice of intention to pass this resolution to the company.
How to Remove a Board Member | BoardEffect
Removing a board member is an unfortunate but necessary part of the work of boards. Learn the different types of ways to remove a board member and how.
How to Remove an HOA Board Member | Nolo
If you live in a planned unit development (PUD) or common interest development (CID), most likely a homeowners' association runs the development, and a homeowner-elected board of directors (a "board") runs the HOA.Serving on an HOA board is an important job, involving a lot of responsibility.
How To Remove A Condo Board Member -- The Easy Way! - CCFJ
DUNBAR WOODS CONDOMINIUM #1 ASSOCIATION, INC. 300 Avenue of the Champions, Suite 120 Telephone (561) 625-8588. Palm Beach Gardens, FL 33418 Fax (561) 627-1837. November 14, 2005
What is a complaint in the Condominium Act?
Your complaint is a record of the condominium.
How many votes are required to remove a director?
If more than one director is named in the requisition, there must be a separate vote for each named director. Removal requires a vote of more than 50 per cent of the unit owners in favour of removal.
Who can vote for a director?
A vote for a director who occupies a position which is reserved for voting by owners of owner-occupied units, may only be cast by the occupants of owner-occupied units.
Can a condominium ban pets?
A condominium can ban pets if the prohibition is contained in the declaration. Courts have held that a prohibition in a rule or a bylaw prohibiting pets is not reasonable and, therefore, unenforceable. The wording of a declaration prohibition is important.
How do you remove a board member from an organization?
Your organizational by-laws should describe a process by which a board member can be removed by vote, if necessary. For example, in some organizations a board member can be removed by a two-thirds vote of the board at a regularly scheduled board meeting.
What happens if a board member fails to attend meetings?
If a board member has failed to attend several meetings in a row, or has become an impediment to the board’s work, the board president can meet informally with the board member in question. The conversation can occur in person or on the telephone; the board president can specifically request a resignation. Examples:
How long can a board member take disability leave?
Make it possible for individuals to take a leave of absence from the board if they have health, work, or other reasons why they cannot participate fully during the current term. A board member can take, for instance, a 6-month “disability leave,” or a 3-month “busy with new job” leave.
Where to put term limits on board?
Whether or not you have term limits, place a person’s term right next to their name on the board roster; otherwise it’s too easy for everyone to forget how long they’ve been on the board or when their term ends. Example:
Is a school board elected?
School district board members are elected in some areas and appointed in others, so it's not possible to generalize across both types, I'm afraid.
Can you keep someone on the board?
You can either keep the person on the board formally (but not expect them at meetings) or you can have them resign for purposes of determining a quorum. Either way the time on leave counts towards their board term; otherwise someone who takes a year’s leave can end up being on the board for much longer than is appropriate.
Can you get rid of a board member?
The best boards often have strongly felt disagreements and heated arguments. Challenging groupthink and arguing for an unpopular viewpoint are not grounds for getting rid of a board member. But if a board member consistently disrupts meetings or is otherwise destructive and demoralizing, it may be appropriate to consider removing the individual from the board:
What happens if you are not an elected member of the board?
If they are not an elected or appointed member of the board, only an officer voted upon by the board, then this is the end of the story. If they are an elected or appointed member of the board of directors, look to the bylaws/code of regulations about what is required to remove them. AT THIS POINT, THEY ARE STILL BOARD MEMBERS!
Why does the board vote for Joe to be the secretary?
The board votes that Joe be Secretary, since he has good handwriting and takes good notes. Issues arise at the association and Joe is a huge problem. He discloses improper information to his neighbors that should be confidential. The board decides to remove him.
Can a board member be removed?
Sometimes a member can be removed due to a certain number of consecutive absences; other times, a vote of the entire association must be taken to remove the board member. Follow these provisions exactly.
How to remove a board member from a HOA?
Removal of a board member by a recall election can be difficult depending on whether the CC&Rs or bylaws require cumulative voting. If the HOA's governing documents require cumulative voting for board elections, this manner of voting must be used for a recall election. This type of voting makes recalling one board member difficult because it gives a minority of voting members the ability to block the majority from having a successful recall vote. In fact, state law can make it easier to recall the entire HOA board than just one board member. For example, California law requires a recall vote of entire board to be based on a simple majority vote.
Why can't a board member be removed from a HOA?
The reasons for removing a board member by the HOA membership are not limited to the reasons permitting the board to remove one of its members. Because removal by the membership is done by a recall vote using a secret ballot, a board member can be removed by the membership for any reason that convinces the membership that removal is in the best interest of the HOA. In addition to the reasons available to the board, the membership’s reasons for removal commonly include a board member's violation of the HOA rules, CC&Rs or bylaws; delinquency in paying HOA dues; failing to reside in the condo community; or filing a lawsuit against the HOA.
Why is it so hard to recall a board member?
This type of voting makes recalling one board member difficult because it gives a minority of voting members the ability to block the majority from having a successful recall vote. In fact, state law can make it easier to recall the entire HOA board than just one board member. For example, California law requires a recall vote ...
What does it mean when a condo board member goes rogue?
By Joe Stone. Having a condo board member go rogue is a difficult situation for any homeowners association. The member’s rogue behavior can range from failing to attend board meetings to disrupting meetings so that HOA business cannot get done.
Can a HOA remove a board member?
For example, under California law the HOA board can only remove a board member for one of four reasons: a court has declared the board member to be of unsound mind; the board member is convicted of a felony after election to the board;
Can a recall election be used for removal of a board member?
If the HOA's governing documents require cumulative voting for board elections, this manner of voting must be used for a recall election.
