To function well, an HOA must be comprised of a board of directors who are authorized to act on a community’s behalf and enforce community guidelines. Typically, a board of directors is comprised of a president, vice president, secretary, and treasurer – each having their own responsibilities and duties to carry out.
An HOA president may find that they hold quite a bit of power when it comes to leading and overseeing meetings, calling for votes, and appointing committees. Unfortunately, it’s not entirely uncommon to run into an HOA president who goes overboard with power, or who makes improper promises to residents, vendors, managers, or other stakeholders without going through proper channels. This can cause huge problems for communities and board members if not dealt with properly.
So – the question is then, can you impeach an HOA president? Unfortunately, the answer isn’t entirely that simple.
Removing an HOA President Can Be Complicated
Although HOA board members do not typically have the right to vote a member off the board themselves, they do usually have the power to remove an officer through a majority vote. Section §720.303(10) of the Florida Homeowners’ Association Act states that “any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.”
This section sets forth the procedures that should be followed in order to remove an officer from the board – should your board or owners determine the need to remove the president from the board.
All this being said, it should be considered to first address any issues with your HOA board president or other officer before conducting a vote to remove them from office. You may also want to have a paper trail of complaints, issues, and responses to those issues before taking any specific action.
It’s always a good practice to save the removal of a board officer as a last resort option.
If you have any questions about the process or how to handle a situation in which your board president is abusing their power, please get in touch with our team today. – we’re always here to help!
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