Question:
Our condominium HOA members have voted to remove the current HOA board. We elected an interim board to replace them until the term is up. The old board were notified that this meeting of the homeowners was taking place and the plan was to remove them. They have been notified they were voted out. We strictly followed the bylaws about removal of the board but the board is ignoring us. They refuse to step down, and are ignoring all communication from the new interim board. The property management company is also refusing all communication. We strictly followed the bylaws about removal of the board but the board is ignoring us. The board and the management company have illegally used our HOA funds for their own gain and have caused our home sales to fail. The failures have been due to not having proper insurance, roofs leaking, HOA being in debt, and many other issues. What can we do to make the old board step down?
– Cherie
Answer:
Hi Cherie,
Make sure you followed all the requirements not just in voting but also in giving formal notices to the board and management company. If you followed all the correct steps outlined in the governing documents and they still refuse, depending on the provisions in your governing documents, you may also call on a special meeting to request their formal resignation. You can also consider mediation with the previous board. Otherwise, you may need to seek legal counsel.
As for the property management company, you may review the contract carefully to see the terms of the contract regarding board changes. If the company refuses to respond and cooperate, you may opt to terminate the contract. However, make sure to review the contract’s provisions with regard to termination so you don’t violate any terms. It may be best to seek legal counsel here as well.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
