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How An HOA's Members Manage Their Boards of Directors

It used to surprise me if members of some HOAs or Condominium Associations felt controlled by their Boards, until I actually lived in an HOA. Therefore, I developed a strategy for dealing with this problem that may be helpful for others who feel the same way that I once felt. It may be a painful process for one member to follow; but I am comfortable that a group of members can develop a similar strategy. Therefore, members should become aware initially of their legal rights. Members elect their Boards; and usually the directors can be removed with or without just cause by a majority vote of the HOA's members at a meeting that a certain percentage of members can ask the Board to schedule. Or, it can occur by nominating new members to the Board at the annual homeowners' meeting when members consider adopting the Board's proposed annual budget for the HOA.

But, State laws usually have provisions that cover this issue if the HOA's governing documents do not cover it . For example the State of WA's, RCW64.38.020(5)states "The owners by a majority vote of the voting power in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board of directors with or without cause." Therefore, this law enables 51 percent of the members to ask in person or by proxy for the removal of one or more board's directors for no reason whatsoever; but usually members do have legitimate reasons.

Every member of an HOA should want to vote for Boards that are capable of following the state laws and enforcing the HOA's rules that are stated in the HOA's governing documents. If members realize that their