Hoa Board Director Removal

Summary

To remove a director from an HOA board in California, first review the HOA bylaws for specific procedures. Notify the director formally about the intent to remove them. Conduct a homeowners vote, typically requiring 50% approval. If homeowners approve, the board should formalize the removal. Ensure the director receives notice and confirm quorum for the meeting. If a board member is absent, the remaining directors may proceed if the bylaws allow. Homeowners can vote to fill a vacant seat if permitted by the bylaws, usually requiring a simple majority.

Full Conversation

Yes
Thank you for confirming. Here are some points regarding removing a director from an HOA board in California:
- **Fiduciary Duty**: Directors must act in the best interests of the HOA.
- **Removal Process**: The HOA bylaws typically outline the removal process.
- **Meeting Attendance**: Consistent absence can be a valid reason for removal.
Do you need more specifics on the removal process according to California law?
Yes what are the steps I was told to send the director a letter which I text to her stating we were going to vote at meeting to have her removed first tomorrow a meeting is scheduled we have * condo units I was told our homeowners have to vote first that if we have * percent voting her out than that validates the director we only have * at moment we are supposed to have * this director has not been coming to meetings so the * directors can vote in a new candidate to be voted in So if she doesn’t come tomorrow night Ithan if the homeowners vote her out than doesn’t the board of director present have to vote her out
Thank you for providing more details. Here are the steps for removing a director from an HOA board in California:
- **Check Bylaws**: Review your HOA bylaws for specific removal procedures.
- **Notify Director**: Send a formal notice of the removal meeting.
- **Homeowners' Vote**: Conduct a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board may formalize the removal.
Do you need information on how to handle the meeting if the director does not attend?
my understanding is only the board of directors can dismiss this director I believe we will have * percent of the homeowners voting her out to
Thank you for the additional information. Here are the steps for removing a director from an HOA board in California:
- **Check Bylaws**: Review your HOA bylaws for specific removal procedures.
- **Notify Director**: Send a formal notice of the removal meeting.
- **Homeowners' Vote**: Conduct a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board may formalize the removal.
Could you confirm if the director received the notice and if you have quorum for the meeting?
I was told to send her notice that the homeowner were going to vote her out At tomorrow meeting our election supervisor said I only needed to text her a copy of this letter I don’t have her email so he said just text her
Thank you for the information. Here are the steps for removing a director from an HOA board in California:
- **Check Bylaws**: Review your HOA bylaws for specific removal procedures.
- **Notify Director**: Send a formal notice of the removal meeting.
- **Homeowners' Vote**: Conduct a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board may formalize the removal.
Ensure the director receives the notice and confirm you have a quorum for the meeting. Did the director acknowledge receiving the text?
I am a homeowner owner I already had an Attorney complete a recall pettion which I had over * percent signature only * of the * resigned so this is the one who has not left our bylaws does say if a board of directors misses meetings a director can dismiss her
Thank you for sharing more details about your situation. Here are the steps for removing a director from an HOA board in California based on your bylaws and situation:
- **Check Bylaws**: Ensure your HOA bylaws allow for the removal of a director due to missed meetings.
- **Notify Director**: Formally notify the director of the intent to remove them.
- **Homeowners' Vote**: Conduct a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board should formalize the removal.
Do you need guidance on what to include in the formal notice to the director?
the current director wanted homeowner to vote first I believe if we get the * percent t he director has to make the final statement of dismissing this director
It seems you have a good understanding of the process. To confirm:
*. **Check Bylaws**: Ensure your bylaws allow for removal due to missed meetings.
*. **Notify Director**: Send a formal notice, ensuring the director acknowledges it.
*. **Homeowners' Vote**: Hold a vote; *% approval is usually required.
*. **Board Vote**: If homeowners approve, the board formalizes the removal.
Is the director aware of the scheduled meeting?
so I am asking what is the law
Thank you for your patience. Here are the steps for removing a director from an HOA board in California:
- **Check Bylaws**: Review your HOA bylaws for specific removal procedures.
- **Notify Director**: Formally notify the director of the intent to remove them.
- **Homeowners' Vote**: Conduct a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board should formalize the removal.
Does this clarify the process for you?
Ok I did think a director could vote her out even if we do not have the votes although I do believe we will have the * percent
Thank you for your patience. Here are the steps for removing a director from an HOA board in California:
- **Check Bylaws**: Ensure your HOA bylaws allow for removal due to missed meetings.
- **Notify Director**: Formally notify the director of the intent to remove them.
- **Homeowners' Vote**: Hold a vote; typically, *% approval is required.
- **Board Vote**: If homeowners approve, the board should formalize the removal.
Can you confirm if the director has received and acknowledged the notice?
Ok thanks
You're welcome! If you need any further assistance or have more questions regarding the removal process, please feel free to ask. I'm here to help!
One more question the meeting tomorrow with started because of this board member not coming to meetings support meetings had to be changed because she didn’t show up so they could vote on bringing in the third ward Director so if she doesn’t show up then I don’t believe the two directors can choose the new candidate for the vacant board seat the director resigned in October *
To clarify, if the board member does not show up, the two remaining directors may still proceed if your HOA bylaws provide a procedure for filling vacancies. Here are some steps:
- **Check Bylaws**: Confirm the procedure for filling board vacancies.
- **Quorum**: Ensure you have a quorum as per your bylaws.
- **Proceed with Vote**: The remaining directors can vote to appoint the new director if the bylaws allow.
Do you need specific guidance on quorum requirements in your bylaws?
January * will be 90 days that we don’t have the vacant seat filled so if she doesn’t show up tomorrow nights meeting from the petition of failure to appoint code 7224B asking for this meeting so voting can be done can the homeowners vote in the new candidate because this is what they will be doing
Thank you for providing all the details. To clarify your situation, based on California law and your HOA bylaws:
*. **Check Bylaws**: Ensure your HOA bylaws outline the procedure for filling board vacancies.
*. **Quorum**: Confirm you have a quorum for the meeting.
*. **Homeowners' Vote**: Homeowners can vote to fill the vacant seat if bylaws allow it.
*. **Board Approval**: The board may need to formalize the homeowners' vote.
Is the director aware of the meeting and has acknowledged the notice?
The one board director is going to conduct this meeting they are planning to have homeowners vote so the director can make the final decision what percentage is needed by homeowners for the one candidate out of * running for vacant seat
Thank you for the details. It seems the board director will conduct the meeting, and homeowners will vote. Here are some points to consider:
- **Check Bylaws**: Review HOA bylaws for voting procedures.
- **Homeowners' Vote**: Typically, a simple majority (*%+*) is required.
- **Board Approval**: The board may then formalize the homeowners' decision.
Is there anything specific you need further clarification on?
Ok thanks for clarifying
You're welcome! If you have any further questions or need more information, feel free to ask. I'm here to help!