There may come a time when a board member stops performing their duties, or becomes a detriment to the board at-large. In this case, you may want to petition for their removal, and eventual replacement. Before proceeding with your petition, there are a few things you should consider in order for your petition to be the most effective.
Things to Do Before You Write a Petition to Remove an HOA Board Member
Remember, removing a board member is always going to prove to be somewhat of a tricky situation. Feelings are involved, people get heated and arguments can always seem bigger than they need to be. Be sure to keep all parties safe and conversations in public with witnesses where possible. If you are concerned at any point during this process, reach out to an experienced attorney who can serve as a mediator or guide throughout the process.
Do Your Research on Bylaws
Almost all organizational bylaws or constitutions contain a procedure for removal of board members. Typically, there is a requirement for a certain number of signatures by current members of the organization, not to mention time restrictions.
Be Clear on Your Reasons for Seeking Removal
List out the reasons you think the board member should be removed in terms of actions he has taken or votes he has cast – be as clear as possible. Now is the time to gather input from as many people as possible.
Draft your petition
First, check your bylaws to see if there’s a specific format or number of signatures required for your petition. Start with a greeting, for example: “To the Board of Managers of So and So Homeowners Association” and follow it with a statement of action you wish to be taken; for example, “The following members request the recall of Karen Smith based on the following reasons.” List out the mistakes or issues caused by the board member you’re seeking to remove in the main part of your petition.
Now, add signatures and dates as well as an attest at the bottom for the person circulating the petition.
Whatever happens, and whatever you choose to do, you must remember that the interests of your community are always the top concern. If you are at this point, it is also a very good idea to consult with an attorney