How do you remove the president of a home owners association?

Answer 1

A homeowner's association that is legally formed and operating should be dissolved only under the guidance of a licensed real estate attorney. The dissolution must be in accordance with applicable state law, as well as any provisions for dissolution in the HOA bylaws. These generally require that a majority of the homeowners vote to dissolve the HOA, although some HOA bylaws require as much as a unanimous vote for dissolution.

Answer 2

When you purchased your living space, you agreed to become a member of the association that governs the community. It may be a legal corporation within the state where it exists.

You are no longer a member of the association when you sell your living space.

Otherwise, while you own your living space, you are obligated under the governing documents to pay assessments and behave according to the civility guidelines established for the community.

If you rent or lease your living space, your tenants are also obliged to live in the space under the guidelines established by the governing documents, except that they cannot vote on association business.

Answer 3

Read your governing documents to determine the conditions under which and the process by which one can dissolve or terminate your association.

Essentially, this is difficult, since the association was formed as a land-use scheme. What you may find is that unless there was a disaster that rendered the community essentially uninhabitable and the real estate assets not recoverable, dissolution may not be possible.

You can pursue this option with a local, common interest community-savvy attorney.

As an alternative, you can sell your property to separate yourself from the association.

Answer 4

Read your governing documents which define the process necessary to remove any director, regardless of the office held.

Usually, the board can remove an officer -- with or without cause -- and can position the director in another post.

As well, a percentage of owners -- your decs define the number -- can call a special meeting, with an agenda and official notice, and vote to remove a director from the board, which would effectively accomplish the task.

Since members elect directors, and board members agree on which office each should hold, the removal of a president can take either route.

Answer 5

You can get out by selling your home.

If the HOA agrees to let you out, you can opt out, but in neighborhoods, this is unlikely. If there is some legal problem with the HOA, you can challenge it's legitimacy, but again, this is rare. If enough members want to eliminate the HOA, it can vote to dissolve itself.

Answer 6

'Get rid of' assumes you are not a happy owner in a community that -- by land use law -- is defined as a common interest community.

A common interest community -- HOA, co-op, or condominium -- is governed by a board.

In one form or another -- by one owner or another -- every board is made up of directors that are either appointed by the developer or elected by owners.

Read your governing documents to determine how your existing board was appointed or elected, and their responsibilities.

Once you understand how your directors are empowered, and their responsibilities, you can work to make the changes you want.

Answer 7

You would have to find out the laws associated with your house, condo and/or land agreement.

Answer 8

In order to leave an association in any state, you can sell your property and turn the title over to a new owner.

Answer 9

Notice that they used the word 'association' in the name. Check to see whether they are a corporation or an organization. Corporations have capacity to contract, associations do not.