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How do you remove a member of the condo or HOA board?

On Behalf of | Jan 19, 2023 | HOA/Condo Law

What do you do when a member of the condo or homeowners association (HOA) board just isn’t doing their job? Worse, what do you do when they’re toxic and disruptive?

You want to get rid of them, naturally, but you’re not entirely sure how to do it. If you’re lucky, someone had the foresight to include the steps you need to take in your governing documents. If not, you’ll probably have to look at the rules laid out in the New Jersey Nonprofit Corporations Act, which is the statute under which most condo and HOA boards are organized for guidance.

Either way, the odds are high that you need the majority of the board members to vote the problematic member out.

What makes it an appropriate time to remove a board member?

Generally speaking, you want your condo or HOA board to operate as smoothly as possible, so it’s always best to avoid disruptions whenever possible. If the board member in question has simply stopped attending the meetings or isn’t completing their assigned tasks per normal, it may be better to approach them directly. They may be having personal issues that will eventually settle down, and simply require a little relief in the meantime.

You need to be more proactive, however, when:

  • You have already given them time, but their personal issues aren’t abating.
  • You’ve already tried direct intervention and nothing has changed in their behavior.
  • The board member is in flagrant violation of the HOA or condo rules.
  • The board member has stopped paying their HOA dues or condo fees.
  • The board member is credibly accused of abuses of power over other residents.
  • The board member is litigious or generally disruptive and defeats the purpose of the board as a whole.

When your condo or HOA board is experiencing problems, you need experienced legal guidance to help you get through it.