HOA Board Not Following Bylaws in Georgia

Question:

Our HOA Board of directors will not follow our bylaws. There are officers that have been on the Board for over twenty years. They refuse to step down from their positions. It has been commented that our treasurer and one other Board member of whom is 86 years old have dementia, yet they will not
step down. I have lived in this neighborhood for almost twenty years and have served on the Board three times. The Board complains no one in our neighborhood wants to serve, but when someone expresses interest they are either chased off, removed or told they are not suitable to serve.

Most recently, our president abruptly resigned. Our vice-president took her position.

– Antoinette

 

Answer:

Hi Antoinette,

If your board is not following the bylaws, talk to them about it first. It is always best to resolve any issues directly with the HOA board before pursuing other actions. If that doesn’t work, then you might consider removing the board members from their positions. If your HOA is organized as a nonprofit, you can seek guidance for removing board directors from the Georgia Nonprofit Corporations Code, specifically Section 14-3-808. You should also refer to your bylaws for the procedures and requirements.

 

 

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

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