Board Director Removal

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  • #369632
    irnman008
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    I am the President of my HOA in Maryland. Our current Board was elected in late January of 2021. One of the requirements to run for office, as I would think it would be for most, is to be a homeowner. Our Current VP is from Canada. He has a Green Card and is legally married to one of our homeowners. Since December of 2020, he has been trying to get on the Deed of the property, but due to Covid, he could not get back home to Canada to get the final documents needed to complete the process. ( The Borders were closed) At the time of the election technically; he was not a homeowner on paper, but got held up because of Covid. When I found this out in early July, I confronted him, and he stated that everything was completed and they were just waiting for the Deed to be filed with the County Land Records.
    Currently, There is a homeowner trying to remove him on the grounds that at the time of the election he was not a homeowner on paper. This particular homeowner wants to be on the Board, and figures this is his best chance to do so. Even if we did remove him, any votes we took still would have passed with ease. ( It should also be noted that the owner trying to have him removed has known about this for 6 months, so why is he just bringing it up?)
    Our attorneys feel that no miscarriage of justice has been carried out here, and now that he is official, we should just let things stay where they are.

    I could you use come input as to what others think would be acceptable for this matter. Thank you.

    #369749
    hoaprez3
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    I agree with your attorneys. It seems like everything was going fine and dandy and that the owner who complained just wanted a reason to remove a board member so he could get on the board, too.

    #369750
    shemco
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    If that owner really insists and your attorneys feel he/she has a case, then I advise you to go ahead with the removal. You can always re-elect the Canadian anyway now that he’s a real homeowner.

    #369751
    tenten1977
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    I recommend you follow what your bylaws say. If you let this pass, then you’re setting a precedent, which means others can run for board positions in the future without being a homeowner on paper.

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