Question:
How to remove an HOA board member in Texas. First, if they were elected by the members and
second if they were appointed by the board to fill a vacancy.
– Lori
Answer:
Hi Lori,
According to the Texas Nonprofit Corporation Act Section 22.211, the removal may be done according to the provisions in the governing documents. Kindly review them and follow the process. If there are no provisions, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director.
This may mean that if the members elected the director, they also have the power to remove the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director. Moreover, according to the Texas Property Code Section 209.0058(a), votes cast by members must be in writing if it is cast for the proposed removal of a board member.
However, if the director was appointed by the board, the board as the power to remove the director.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
