Question:
Our community has submitted a request for a special meeting to vote on removing each of the three board members separately as well as any appointees the board may place before the special meeting. There are two unfilled board positions (recently resigned). Goes without saying that there is a contentious group of members. What elements should I look for in the governing documents to provide guidance? What steps should the board take as it prepares for this meeting? Thanks
– Phil
Answer:
Hi Phil,
According to the Colorado Common Interest Ownership Act Section 38-33.3-303(8), the unit owners may remove board members by a 67% vote (of those present at a meeting with a quorum) notwithstanding any provision of the declaration or bylaws to the contrary. They may do this with or without cause unless the directors were appointed by the declarant or voted in through class voting. The homeowners may be following this provision to remove the three board members.
The bylaws may also outline procedures for calling a special meeting and board member removal. You may review these to verify whether the process was valid. Some governing documents may also require the community to provide the directors in question with a chance to speak before the voting. It may be helpful to learn why the homeowners are removing said board members and address their issues to plead the board members’ case. For further guidance, kindly speak with your HOA management company and attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
