Removing HOA Board Members in Missouri

Question:

Missouri-Our elevator has been broken, off and on since 8/16/22, being completely shut down on 9/23/22. Still unable to use. Several senior citizens are in need. Our By-Laws The Association has the responsibility of maintaining, repairing and rehabilitating the common elements. I have asked the management company and board members for copy of contract and repair and they refused. Regarding the contract request, the board does not provide copies to individual owners. According to Our By-Laws–The Association shall be open to inspection and examination by any member of the association and any security holder at all reasonable time. Also, the property has not been kept up-to date–doing very little. The board members suck up to the management company. They have a contract with Kone Elevator service, and said parts are ordered. Kone Elevator has tried to repair the elevator several times and it keeps breaking. We would like to get rid of the Board members and Management. Thank you.

– Pat

 

Answer:

Hi Pat,

If you would like to remove board members, you must refer to state laws and your governing documents. The Missouri Uniform Condominium Act Section 448.3-103(7) allows for the removal of board members as follows: “Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds majority vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board.”

The Missouri Nonprofit Corporation Act Section 355.346 also spells out the ways and requirements for the removal of board members. That being said, you should also check your governing documents, particularly your bylaws. The bylaws should be able to tell you the procedure for removing board members.

 

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

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