Complaints Against HOA Board in Utah

Hi Wanda,

You may take action by removing the problem board member. The bylaws or CC&Rs may specify when a board member can be removed by the remaining board or HOA members. They also specify the valid reasons to remove board members. We recommend reviewing your HOA’s governing documents and seeing what actions you can take.

If your HOA is incorporated as a non-profit organization, it is subject to the Utah Revised Nonprofit Corporation Act. According to Section 16-6a-808(1)(a), the problem directors may be removed by voting directors or members if they were elected into the position, as shown below:

“(1) Directors elected by voting members or directors may be removed as provided in Subsections (1)(a) through (f).
(a) The voting members may remove one or more directors elected by them with or without cause unless the bylaws provide that directors may be removed only for cause.”

Meanwhile, if the directors were appointed, they may be removed by the person who appointed them according to Section 16-6a-808(2)(a), shown below:

“(2) Unless otherwise provided in the bylaws:
(a) an appointed director may be removed without cause by the person appointing the director”