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How to remove the board of directors?

How to remove the board of directors?

The process for removing a homeowner's association (HOA) board of directors will depend on the specific rules and regulations outlined in the HOA's governing documents, such as the declaration of protective covenants, bylaws, or articles of incorporation.

Typically, there are a few steps homeowners must take to remove an HOA board of directors:

  1. Review the governing documents: Homeowners should review the HOA's governing documents to understand the rules and procedures for removing a board of directors. Removal of Board members includes specific notice requirements, voting procedures, and other criteria.

  2. Gather support: Homeowners who wish to remove the board of directors should gather support from other community members. This may include organizing meetings or events to discuss the issue and build consensus.

  3. Call a special meeting: If the governing documents allow it, homeowners may call a special meeting to vote on removing the board of directors. Calling a special meeting typically requires a certain percentage of homeowners to sign a petition requesting a special called meeting within 30 days.

  4. Vote on the removal: At the special meeting, homeowners typically vote to remove the board of directors. A vote may require a certain percentage of the community to vote in favor of the removal.

  5. Follow the procedures for replacing the board: Once the board of directors has been removed, the governing documents should outline the procedures for replacing the board. Procedures may include holding an election or appointing new members to the board.

It's important to note that removing an HOA board of directors can be a complex and time-consuming process, and homeowners should contemplate their decision before taking action. Consult with legal professionals or other experts to understand the options and procedures available. I recommend following the requirements to the letter or risking the attempt of failing.

Again, removing individuals from the board is tedious. If your community moves from an HOA to a POA, your ability to remove board members becomes more difficult.

I want to provide some additional information specific to Georgia's laws regarding removing board members from a property owners' association. It is helpful for homeowners in Georgia to know that although the Property Owners' Association Act may not expressly provide for removing board members, the Nonprofit Corporation Code applicable to associations organized as nonprofits allows for removal. Homeowners must follow the procedures outlined in the governing documents and the applicable laws to ensure a valid removal of a board member or the entire board. This fact further solidifies one of my reasons for not moving from an HOA to a POA.

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