Guest Robert Herickhoff Posted April 6, 2015 at 07:49 PM Report Share Posted April 6, 2015 at 07:49 PM A month ago, our Home Owner's Association (HOA) held an election. Robert's Rules (latest edition) govern the HOA. One of the directors failed to disclose that he was engaged as a realtor, and was elected. Does that fact nullify the election? Can the remaining board members (4) evict him from the board if he doesn't resign? Link to comment Share on other sites More sharing options...
Edgar Guest Posted April 6, 2015 at 08:05 PM Report Share Posted April 6, 2015 at 08:05 PM Does that fact nullify the election?Not unless your bylaws (or some superior rule or law) prohibits realtors from serving on your board. Can the remaining board members (4) evict him from the board if he doesn't resign?Only if your bylaws (or some superior rule or law) gives your board the authority to remove one of its members. Link to comment Share on other sites More sharing options...
Richard Brown Posted April 6, 2015 at 08:09 PM Report Share Posted April 6, 2015 at 08:09 PM Based on the information you provided, it seems to me his election is valid. As for removing him from office, you need to follow whatever provisions, if any, are in your bylaws. The board may or may not be able to remove him. It is quite likely that only the general membership can do that. However, you are all free to ASK that he resign. And he is free to say "no". You might find this frequently asked question helpful: http://www.robertsrules.com/faq.html#20 Chapter XX or RONR is a 26 page chapter on disciplinary procedures, but any provisions in your bylaws regarding discipline and removal from office would trump the provisions in RONR. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.