HOA board member removal is something most homeowners never think about until they need it. The HOA board can end up with a leader who is not pulling their weight or making decisions that hurt the community. When that happens, homeowners need to understand how removal works, when it applies, and what options exist.
Is HOA Board Member Removal Possible?
Every homeowners association and condominium has a board of directors that makes decisions for the community. These directors are volunteer owners elected by their peers.
The big question is whether removing an HOA board member is even possible. For most associations, the answer lies in the governing documents. The CC&Rs and bylaws usually spell out how and when removal can happen. State laws also play a role.
In general, homeowners can step in when a director no longer serves the association well. Removing a board member is one option, but it shouldn’t be the first instinct. Before making this decision, owners should attempt to resolve the issue directly with the board.
That said, it is possible to remove an HOA board member, but owners must follow proper procedures and requirements. If they skip steps or fail to meet conditions, the removal can be challenged.
What are the Grounds for the Removal of HOA Officers?
Not every disagreement justifies removal. Board members should expect criticism and pushback. Homeowners can complain, question decisions, or raise issues at meetings. That alone does not mean removal is appropriate.
Removal is usually applied when a board member’s conduct interferes with the association’s ability to function or harms the community. These are the most common grounds.
1. Failure to Fulfill Duties
Board members are volunteers, but volunteering still comes with responsibilities. They must attend meetings, review materials, vote on issues, and follow through on tasks. When a board member stops doing these things, problems are sure to follow.
Meetings may run longer, or decisions may stall. Other board members might be forced to pick up the slack. In smaller associations, this imbalance becomes obvious very quickly.
Homeowners can point to missed meetings and unfinished work when discussing removal. Board members should understand that showing up matters.
2. Breach of Fiduciary Duty
Board members are fiduciaries, which means they must act in the association’s best interest. The HOA board must act with care, loyalty, and within the authority granted by the governing documents.
Board members should never benefit personally from decisions. Examples include awarding contracts to friends or family, voting on matters that provide personal gain, or ignoring financial controls. When a board member commits these acts, homeowners often view removal as necessary.
3. Unethical Behavior or Conflict of Interest
The HOA board can operate only if homeowners trust it. Ethical behavior plays a major role in that trust. Conflicts of interest should be disclosed when they arise.
When a board member votes on matters that affect them personally without disclosure, homeowners will question the board’s judgment and fairness. Unethical behavior can also involve how board members treat others. Harassment, retaliation, or intimidation can signal problems with leadership. Homeowners can raise these concerns when considering removal.
4. Uncooperative and Obstructive
Board members should be able to disagree and still move forward. It is normal for board members to engage in debate, but constant obstruction is not. Some board members refuse to accept decisions after a vote. Others derail meetings or block routine actions without a clear reason. The HOA board will struggle when one person repeatedly slows progress.
5. Acts of Fraud, Theft, or Other Criminal Activity
Criminal conduct presents the clearest grounds for removal. Board members must handle association funds and records carefully. Fraud, theft, embezzlement, or falsified documents can put the entire community at risk.
The HOA board must act quickly when it suspects criminal activity has occurred. Board members should seek legal counsel or consult their HOA management company. They may also need to notify authorities and their insurance provider.
How to Remove an HOA Board Member
Removing a condo board member depends on the governing documents and state law. There is no single process that applies to every community. Homeowners should understand each required step before starting.
1. Check Requirements
The first step is reviewing the bylaws and CC&Rs. These documents explain who can initiate removal, what notice is required, and the applicable vote threshold. The HOA board should not assume the process is the same across associations. Each community has its own rules. Homeowners must confirm quorum requirements and timelines.
State law can also apply. In Illinois, under 805 ILCS 105/108.35, a two-thirds vote is required to remove a board member.
2. Petition for Removal
Many communities require a petition to begin the removal process. To determine how many signatures are required, it is important to review the governing documents. This petition will then trigger a special meeting or a vote at the next board meeting.
3. Hold a Special Meeting
After the petition is verified, the association must hold a meeting. Some documents require a special meeting. Meanwhile, others allow removal votes at regular board meetings. It will depend on the bylaws’ requirements.
The HOA must provide notice to all members. This notice must also state the purpose of the meeting: to remove a board member. The board member facing removal must also be notified.
4. Vote on the Removal
The membership then votes at the meeting. Voting procedures will depend on the governing documents and may include ballots or proxies. Voting requirements will vary, with some requiring a simple majority and others requiring a higher threshold. Homeowners should know the threshold in advance.
5. Find a Replacement
If the removal succeeds, the association must fill the vacant seat in accordance with its rules. Some boards appoint replacements, but others hold special elections to fill the role.
Alternatives to the Removal of an HOA Board Member
HOA board member removal is not always the first or best solution. In many cases, homeowners can resolve issues using alternative solutions.
- Strip Away Responsibilities. The board can remove officer titles or committee roles without removing a director.
- Ask for a Resignation. A private conversation sometimes works better than a formal process. Requesting a resignation will help the association avoid meetings and votes.
- Push for a Leave of Absence. A leave of absence can help when personal issues interfere with service. The HOA board can allow a temporary step back with clear time limits.
Following Proper Procedures
HOA board member removal exists to protect the community when leadership stops working. Homeowners can use this option when boards harm the association or disrupt operations. When handled properly, removal can help restore balance and keep the community moving forward.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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