Legal Question in Real Estate Law in California
Board of Directors/Association
We are 5 members on the Board,
however, one members doesn't do
anything and does not attend our
monthly meetings can we remove him
or is there a procedure we have to
follow?
3 Answers from Attorneys
Re: Board of Directors/Association
Yes, there are certain procedures that are required to remove a member of the HOA board. Corporations Code � 7221 outlines the process for removing a director for "cause". If the director cannot be removed for cause under Corp Code 7221 then association member action would be required for removal. There are very specific majority voting requirements that are dependent on the size of your association membership. In addition, if the director was voted in based on cumulative voting then there are additional requirements for removal.
Feel free to contact me if you would like assistance in this matter.
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Re: Board of Directors/Association
Mr. McClure has given you a complete and accurate answer. There is an association of HOA's that provides updates on HOA matters, some limited legal assistance, etc. I know the Watergate HOA in Emeryville was a member; you might want to check with them to see if joining is worthwhile. Also, if they have some items in their CC&R's that are worth adopting in yours.
Re: Board of Directors/Association
Yes. The procedure to remove is most likely laid out in the HOA agreement