Condo Association Management Blog

Read your by laws and yiour state HOA Act. Then organizer your supporters and follow the rules you found in your documents.uspect you may find your present board is siiting in violation of prohibition as to nember of consecutive terms permitted in the bylaws.

Your By Laws are definitely the place to start as ours have a section titled "Removal of a Trustee". If that does not help your state's Condo or HOA Statutes will help. These you can access over the internet. When reaching out for an attorney be certain to search for an Attorney who is well versed in Condominium law for your particular state. Be careful as some can tell you "You have a case and I will be more than willing to represent you" and not know their butt from a hole in the ground then end up taking your money then you are left with an even bigger problem. It will be a fight but you can get this situatuion remedied. I wish you all the best.

I would say: 
 
 
 
First of all, it depends heavily on your State laws pertaining to the subject. I am in Florida and our Statutes outline specifically a process by which you remove Board member(s) simply by vote of the Membership. Details should be outlined in your State as to how you would initiate that process (how many members need to petition the Board to hold a Special Membership Meeting) and how many total votes it would take to remove the Director(s) from office. 
 
 
 
I would certainly recommend the involvement of an attorney for this process. I also highly suggest that you make sure that attorney specializes in HOA/Condo law. There are a lot of attorneys out there that will take cases like this but they do not have a good working knowledge of this area of the law. This is crucial.  
 
 
 
When you hire an attorney for this process, I would keep in mind you are really utilizing them to guide you through the process of removal. In Florida it has nothing to do with whether you “have a good case” or not. The process doesn’t require any reason be given for removal of a Director, just that the procedure and voting requirements be properly adhered to. I would believe that you will spend less money simply seeking an attorney to walk you through the removal process based simply on your right to do so rather than wrapping up all of the emotion and heartache of what actions may have led you to feel that the Board needs to be removed. Once you embark on that process you will rack up a good deal of legal fees and it is likely that the only viable case you may have against them besides simply removing them from office, would be for a breach of fiduciary duty and attempting to file a claim against the Association Directors and Officers insurance policy. 
 
 
 
I hope this helps! 
 
 
 
Dixie Carlotti, LCAM - Director of Association Services 
 
SouthShore Property Management 
 
info@southshoremgmt.com 
 

It's true - you have to read through all of your documents - condo and State. But - you really have to get people who are willing to work for the community as members of your Board. Most of the time we can't get one person from a room full to volunteer their services. It's terrible to feel intimidated. If enough people go past that feeling and on to anger with a willing to work to change things you will get much further along. I wish you much success in your endeavor - it's so important.

Perhaps the easiest and cheapest way is to organize for the next election. Make sure you know all the ins and outs of meetings and elections from your bylaws. Get some respected candidates for directors. Insist on fair elections and proper ballots that include all candidates. Go knock on doors before the election. Turn out the vote and/or get properly drawn up proxies that can't be rejected by the board.

I live in two condos. One up north and one in Florida. Both were very peaceful for years. Now a new Board in Florida is making new rules regarding everything (parking, for instance, my daughter's car was almost towed) and there is a tremendous amount of reconstruction going on. there are few meetings going on, and no one understands whats happening. I see assesments on the way. My daughter, whose husband actually owns the place in Florida, wants to toss this board out, but her husband is afraid. Get for a lawyer and get rid of those directors. With so much construction suddenly goin on something smells.

Really a question concerning an HOA Board in Austin, TX not disclosing information to HOA members. In the case, the current President of the Board sold his property in July 2011 (verified using TCAD) and moved out-of-state. This person will not resign his office. There are a lot of elderly people at this particular condo complex and the remaining 2 member board (minus president) maintains we can not vote due to quorum rules. What about when the Board breaks rules and makes financial decisions without informing HOA members? Is there any recourse in TX? Thank you.

HOA BOARD IN TEXAS:ATT JDoyle 
 
this would be easy in Florida. State law requires that officers be owners after the developer has turned over the property to the Association. Having sold his property he is considered to have abandoned his post.  
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What motivates this person to attempt to retain his office?

A lot of thanks for all your valuable work on this article.