Question:
What actions can be taken when an HOA president violates the associations bylaws? She signed an important contract without board approval. Thank you.
– Mary
Answer:
Hi Mary,
If an HOA president has violated the bylaws, it is a breach of fiduciary duty. In that case, if the situation can’t be remedied and if the HOA feels that penalties must be exacted, you should consider removing the president from the board. You may do so according to the procedure written in your HOA’s bylaws. You may also remove board members according to the Wisconsin Nonstock Corporation Act, if your HOA is a nonstock corporation:
Section 181.0808 – Removal of directors elected by members or directors
Section 181.0809 – Removal of designated or appointed directors
Section 181.0810 – Removal of directors by judicial proceeding
Section 181.0809 – Removal of designated or appointed directors
Section 181.0810 – Removal of directors by judicial proceeding
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
