Can a whole HOA board be overturned?

Question:

Some unhappy homeowners unhappy with the new water rates, held an election and removed all board members. Now we have board members who have not a clue what is going on running our HOA. They bullied people into proxy votes. They are promising lower water bills. Our water system is very old. The previous members gave us all a 18.28 per month increase to go to a fund to fix the water system.

Now these people with no qualifications have access to vert large bank accounts where money has been set aside for various projects. Can a whole board be over turned.

Sue

 

Answer:

Hi Sue,

Can a whole board be turned over? Absolutely. Would one recommend that a whole Board be turned over? Not usually.
A Board Member (singularly) can be removed from the HOA Board for the following reasons:
  • Removing Themselves: They can simply demote themselves at any time for any reason.
  • Governing Document Rules/Laws: Due to the governing documents or state Laws there may be rules such as an HoA Board Member is Removed automatically if: Convicted of a felony, charged with embezzlement of HOA funds, or is delinquent in paying HOA dues, failing to attend Board Meetings, etc.
  • HOA Board Member’s Term Expires: Typically Board Member Terms are 2-3 years. This is the easiest way to remove a Board Member.
  • Vote the HOA Board Member Out: This is the hardest way to remove a Board Member and the procedures required will depend on your state laws and governing documents.
Many Governing Documents have it set so that a 3 person Board has a rolling Board Member Term (3-year term) so that they only lose and gain 1 Board Member each year. However, sometimes a full Board turnover is simply unavoidable.
Your inexperienced and new Board Members have a massive responsibility and can be held responsible for the mismanagement of the HOA funds. We would highly recommend that either 1) an experienced homeowner in the community step in to help the Board Members manage your community or 2) the Board Members reach out to a professional HOA management company to help your Board Members (and community) succeed.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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