Legal Question in Business Law in California

Can a California Homeowner's Association Board remove an appointed director with or without cause from its board if nowhere in the bylaws or cc&rs is there any reference to appointed directors. The only reference in the bylaws are the only reasons why a director can be removed which is for cause.


Asked on 10/10/11, 4:35 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, HOAs may be unincorporated, but frequently are organized as nonprofit mutual benefit corporations. The governing law is then Corporations Code section 7222. If the corporation has members, it takes a vote of the members, with the method of tallying the votes specified in the code and dependent upon whether there are fewer than 50 members or not, with a cross-reference to Corporations Code section 5034. If the corporation has no members, then a majority of the directors may vote to remove a fellow director. There is no apparent distinction between appointed and elected directors.

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Answered on 10/10/11, 6:22 pm


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