Removing an HOA Board Member in Alabama

Question:

How do you remove the treasurer. Bill payer, of their responsibility? She is aging. Shows signs of dementia

4 years in this position

How can a President be removed?
She does nothing,,,,, ghosts all of us,,,, says she has a full time job
We are not seeing this as uphearing to her position

– Carol

 

Answer:

Hi Carol,

As per Alabama Nonprofit Corporation Law Section 10A-3-2.09, “A director may be removed from office pursuant to any procedure therefor provided in the certificate of formation.” Therefore, you should refer to your HOA’s bylaws and CC&Rs for the exact procedures and requirements of removing a board member.

Furthermore, Section 10A-3-2.22 states: “Any officer elected or appointed may be removed by the persons authorized to elect or appoint the officer whenever in their judgment the best interests of the nonprofit corporation will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. Election or appointment of an officer shall not of itself create contract rights.”

 

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

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