Legal Question in Real Estate Law in California
Drunken Board Member
I am one of the board members for the homeowner's association in my townhome community. Another board member frequently comes to board meetings drunk, obnoxious, and argumentative. This causes meetings to be disrupted or ended well before business was finished. The CC&R's say nothing about how to permanently remove a drunken board member from sitting on the association board. Do we have any recourse at all? His term still have 18 months left.
2 Answers from Attorneys
Re: Drunken Board Member
Normally, the By-Laws of an Association explain what is needed to remove a Board member. I believe that being drunk is "for cause". Sometimes, a vote can be made by just the Board of Directors. Other times, the membership has to vote. Normally, there has to be a special meeting set. If your By-Laws are silent, then you should follow the Corporation Code. We will be happy to review your govening documents and explain the process to you. Please contact my office at 714 363 0220 if you want to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Re: Drunken Board Member
Yes. I have worked a number of HOA matters and I am familiar with Davis Sterling Act as well as the normal CC & R's and Bylaws of the typical association. I can help you remove the incompetent board member. Contact me by phone or email.
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