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What are the options when an HOA board fails to follow the rules?

On Behalf of | Sep 19, 2019 | Real Estate Disputes |

A homeowner’s association (HOA) expects its board members to enforce the association’s governing documents. In some cases, a board member may fail to follow the rules or otherwise act inappropriately within their role.

When this happens, the following options may be available to reinstate order within the HOA board:

  • Reprimand. If the board can get a majority agreement, they can reprimand, or censure, the troublemaker. This option is appropriate when the board member in question acts inappropriately during meetings, breaches fiduciary duties or fails to disclose conflicts of interest.
  • Resign. The board majority can also request the director step down from his or her position on the board. It is generally wise for a board to do this in combination with a censure.
  • Remove. If the board member fails to step down of their own volition, the board can vote to have the individual removed from his or office. This option is generally only available in Florida for those who hold an office position, like the president, secretary, treasurer or vice president. It is generally not possible to vote a member off the board completely. The members of the HOA would need to vote to remove someone from the board entirely.

It is important to note individual board members, even the president of the association, generally do not have the power to fire another board member. The procedure to do so will depend on the HOA’s bylaws. If the bylaws are unclear, court intervention may be required. If the issue rises to this level, it is wise to seek legal counsel.