In many jurisdictions, depending on applicable state law, the standard rule is that 80 percent of the members of the community must vote in favor of dissolving the HOA. This is typically the case, unless the HOA documents state otherwise or provide for a different rule.
Should I join an HOA?
If you buy a home or condo in a neighborhood or building with a voluntary HOA, you don’t have to join it. If you opt out, you won’t get to use the facilities the HOA fees support, or you might have to pay to use them. Since residents can choose whether to join, voluntary HOAs cannot enforce their rules on nonmembers.
The first step in dissolving an HOA is typically to get the consent of a majority of homeowners or members, following the procedures outlined in the bylaws or other governing documents. The exact percentage may also be found in the HOA’s governing documents, or in the applicable state’s law.
Can an elected board member be removed?
Many governing documents provide that an officer may be removed by a majority vote of the board members, but that an elected board member may only be removed with a vote of the association membership. Usually, the membership must take a vote (majority or 75% often required).
How to remove members from Home Owners Associations?
Draft a petition calling for a special meeting to vote on the removal of a board member or members. Identify the board member or members by name on the face of the petition. Enumerate your reasons for seeking removal. Circulate your petition among the HOA’s members. Explain why you believe the board member should be removed.
Can a president of an association be removed?
Most laws and documents also give association boards the power to remove the dictator from the presidency at any time by a simple vote. In almost all cases, the president remains a member of the board, but has no more authority than fellow members.
What to do if HOA board member has it out for You?
If possible, propose ways for the HOA to address your concerns. For example, if you believe a board member “has it out for you” because of a personal dispute between you, request that the board member abstain from voting in any matter specifically relating to you (such as an HOA vote on whether to enforce an HOA rule against you).
Who are the officers of a homeowners association?
To function correctly, a homeowners’ association (HOA) must have a board of directors that’s authorized to act on a community’s behalf, create and enforce community guidelines, and maintain shared spaces. Generally, the HOA board has four officer positions: president, vice president, secretary, and treasurer.
