Question:
We just voted in our HOA board from the builder. The President is the only one who has never been on an HOA board. It’s starting to feel like we have a dictator. He wants two board members to resign because he doesn’t agree with them.
He just sent out a proxy (with his name in it) for us to sign allowing him to cast votes for us at the up coming meeting and for any meeting in the next 11 months. Since he is the president, isn’t that unethical?? I’m not going to let him vote for me, I don’t trust him. But I’m afraid the other homeowners will think that’s great, I’ll let the president vote for me. Please advise.
– Beth
Answer:
An HOA president cannot force other board members to resign. The president also cannot force homeowners to sign a proxy form. It is entirely up to you, the homeowners, to choose your proxies (if you even want proxies). If you feel that the board president is not doing their job properly, you might consider removing them from the board.
As per the North Carolina Planned Community Act § 47F-3-103(b), “Notwithstanding any provision of the declaration or bylaws to the contrary, the lot owners, by a majority vote of all persons present and entitled to vote at any meeting of the lot owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.” A similar provision exists in the North Carolina Condominium Act.
Additionally, your association’s bylaws may include more detailed procedures for removing a board member.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
