Legal Question in Civil Litigation in California

As the HOA president, can I remove/fire one of the Board Members?

I own a unit in a condominium complex for the past 8 years and enjoy good relationship with most of the homeowners. I received the highest numbers of votes in the last week election and elected as the President of the Board with 37 votes out of 45 votes. On the ground floor of the complex, there are two businesses. One of the owners has been the President and the other owner became a Board member this year.

The majority of the homeowners including me are fed up with the previous President and now the treasurer of the Board. Whenever emergency issues come up such as today, when we had a huge water flooding, he does not have time.

As the President of the 3-member Board, can I remove/fire him?

I appreciate clarification.


Asked on 7/21/12, 5:15 pm

2 Answers from Attorneys
Patricia Meyer Patricia Meyer & Associates

You have to look to your governing documents and by-laws. They will have procedures for removing board members and also how to replace him. It's unlikely you can fire him because you are fed up with him.... But the underlying acts that are causing you to be fed up could be listed as circumstances triggering action by board to remove him. It will all be laid out in then rules governing the HOA.

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Answered on 7/22/12, 6:47 am

It entirely depends on the terms of your CC&Rs;and by-laws. Those govern management and governance of the board of directors and officers of the HOA.

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Answered on 7/22/12, 11:26 am


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