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Sharyn, Other/Just Looking in 33351

can we dismiss a board member who missed 3 our of 5 meetings?

Asked by Sharyn, 33351 Fri Jul 23, 2010

there are many other reasons we have to dismiss the party but we want to make it short and sweet. I know there is a statue in Sarasota Fl that addresses this issue but I can't find it and want to include it in the letter of termination

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Hello Sharyn and thanks for your post.

Laws and rules regarding the dismissal of a Board member vary from state to state and your Bylaws will address how to dismiss a board member if this is possible. Typically, however, absent laws that set the failure to appear to 3 of 5 Board meetings (which is not ordinary or usual) in state statute or a written published rule in the Association's Bylaws adopted by a majority of the members present at a meeting, the Board is not allowed to dismiss any member from the Board of Directors.

Here in California, for example, one Board member cannot be forced off the Board of Directors, but the entire Board may be recalled, and then reelected to the Board in the same evening. In other states, Board members can be voted off provided a certain percentage of the membership or a certain percentage of the Board agrees to put this to a ballot.

Again, however, you should check your Association's bylaws to ensure that the Board has the power to remove a member of the Board of Directors without a vote of the membership. Finally, I would strongly suggest that rather than attempting to oust a member of the Board, the Board members sit down with this individual to determine whether or not the person is committed to being on the Board of Directors. If the answer is "no", then the member might simply choose to resign, which puts the matter to a reasonable and non-contested end. Resignation of a Board member in all states can be made without any other action on the part of the Board than acceptance of the resignation.

Good luck!!

Sincerely,
Grace Morioka, SRES, Realtor, CID/HOA Consultant and Forward Planner
Area Pro Realty
San Jose, CA
Co-Author: Homeowners Associations: A Guide to Leadership and Participation
1 vote Thank Flag Link Fri Jul 23, 2010
If you're talking about a board member for a condo association or Homeowners Association, you need to look in your governing documents. You will have at least 3 documents:

1) Declaration
2) Articles of Incorporation
3) ByLaws

If you do not have a copy of these documents and all amendments you can usually find a copy online at the clerk of circuit court for Broward County.

It usually spelled out specifically how a board member can be removed. For instance my community automatically allows for a board member to be dismissed if they miss 3 "consecutive" board meetings. So as long as a director shows up every 3rd meeting, the only way he can be removed is by a majority vote of the homeowners. Your docs will spell it out. Also the state statutes come into play and may override certain provisions in your governing docs. For example I believe condo laws have recently changed so that a Felon can no longer serve on a condo board. Also the "quorom" requirements for the annual meeting may be lower according to state statutes that your governing docs allow.

Here is an interesting web site about the problems of governing/living in a Condo or HOA:

http://ccfj.net/

Hope this helps.
Alma
0 votes Thank Flag Link Sat Jul 24, 2010
This is wrong forum for your question. However Kevin stated read your board rules.

Lynn911.com
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Fri Jul 23, 2010
Read your rules and act accordingly.
0 votes Thank Flag Link Fri Jul 23, 2010
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