Legal Question in Real Estate Law in California

removing illegal HOA Board member

We are HOA Board Directors. There are 5 Directors including the ''president.'' 3 of us want to nullify this Director's ''Presidency'' and Board membership since it turns out that she is not on the deed of her condo unit, i.e, she is not a homeowner as is required in our CC&R. This makes us legally exposed to liabilities we think since she is signing checks etc...

Must we vote her out if her placement on the Board was not sanctioned in the first place? Our CC&R states that only homeowners or executor of estates can be elected to the Board. It also states that we must have 2/3rds of all homeowners to vote her out, not 2/3rds of the Board. However, what can we the Board members do legally to nullify her position on the Board instead of vote her out since she didn't fulfill the requirement of a candiate and currently is not a homeowner? She claims to have the POA of the owner (her fully functional stepmother) but our CC&R states one must be a homeowner or executor of the estate to qualify as a canditate. She is neither.

What's the best and most legal way to handle this situation. Thank you!


Asked on 8/25/06, 2:00 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: removing illegal HOA Board member

Further, by example, I am licensed to practice law in California, but nowhere else. I cannot practice law in Hawaii by getting a power of attorney from a lawyer who is licensed there.

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Answered on 8/25/06, 12:43 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: removing illegal HOA Board member

Under Section 7221(b) of the California Corporations Code, it only takes a majority of the other board members remove a director who no longer meets the qualifications to be a board member. This can be done at any properly noticed meeting of the board of directors.

If you need further assistance, ask your property management company for a referral to a qualified attorney or contact the Community Associations Institute.

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Answered on 8/25/06, 2:22 am


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