An HOA board recall allows association members to remove one or more directors before their terms expire. Still, an HOA can’t forcibly remove a director from their position without due process. State laws and governing documents typically set out requirements and procedures to follow.
What is an HOA Board Recall?
An HOA board recall is the process of removing an elected board member before the end of their term. In general, the HOA board itself or homeowners can initiate a recall and pursue it through a membership vote.
In Texas, Section 209.0058 specifically addresses votes on the proposed removal of a board member. It requires the vote to be in writing and signed by the member, unless the association uses a permitted secret-ballot procedure. Electronic voting may also qualify as a written and signed ballot under Section 209.00592.
Common Grounds for Recalling HOA Board Members
There are many reasons a recall would be initiated, including failure to perform responsibilities, misuse of HOA funds, selective enforcement of rules, conflicts of interest, abuse of authority, discrimination, lack of transparency, and noncompliance with state laws or governing documents.
1. Failure to Perform Responsibilities
Board members have responsibilities to the association and its members. Homeowners may become concerned when directors repeatedly fail to attend meetings, neglect assigned responsibilities, ignore maintenance problems, or fail to address important association business.
Of course, a single mistake does not necessarily justify a recall. Yet, owners can get fed up over time when the same mistakes keep happening.
2. Misuse of HOA Funds
Homeowners may seek a recall when they believe that the board is improperly spending or managing association funds. Examples include unauthorized expenditures, questionable transactions, inadequate financial controls, or the use of association funds for personal purposes.
3. Selective Rule Enforcement
Boards must apply the association’s rules fairly and consistently. Homeowners may start to complain when the board enforces a restriction against certain owners while ignoring similar violations involving others. Even the mere appearance of unequal enforcement can cause problems.
4. Conflicts of Interest
A petition to recall an HOA board member may also stem from a conflict of interest. Conflicts typically arise when a board member allows personal, business, or financial interests to influence their decisions. A conflicted board member must always disclose the overlap and recuse themselves.
5. Abuse of Authority
Board members have authority to act on behalf of the association, but that authority is not unlimited. Examples of concerns may include taking actions outside the board’s authority, disregarding required voting procedures, improperly interfering with association operations, or using board authority to resolve personal disputes.
6. Discrimination
Discriminatory treatment can create serious legal concerns for an association. This may include treating homeowners differently because of a protected characteristic or failing to comply with applicable federal, state, or local fair housing requirements.
7. Lack of Transparency
Homeowners may seek a change in board leadership when directors consistently fail to provide required notices, records, financial information, or explanations about association decisions. Residents have a right to know what’s going on in their community, and intentionally keeping them out of the loop is a common ground for removal.
8. Noncompliance with State Laws or Governing Documents
An HOA board must operate within the authority granted by state laws and the governing documents. Exceeding this limitation or outright noncompliance can justify a recall.
How to Recall HOA Board Members
To recall HOA board members, it is important to confirm the requirements under state laws and the governing documents, petition for the action, call a meeting, vote on the recall, and fill the vacant position.
1. Confirm Requirements
First, it is important to review the removal requirements. Typically, state laws and the governing documents address this topic. If an HOA fails to adhere to the requirements and procedures, the removal may not be valid.
2. Petition to Recall HOA Board Members
If the governing documents require a petition, homeowners must collect the required signatures and submit the petition accordingly. The petition should clearly identify the director or directors whose removal is being proposed. Then, they must submit this petition to the board.
In Texas, members holding at least 10% of the votes may call for a special meeting.
3. Call a Meeting
Generally, the next step is to hold a special meeting to consider the recall. This meeting must be open to all homeowners.
Additionally, the board must provide proper notice. The director being considered for removal must also be notified.
4. Vote on the Recall
The members then vote on whether to remove the director. In Texas, Section 209.0058 specifically requires that a vote to remove a director be in writing and signed by the voting member.
The required threshold to approve the removal will depend on the association’s governing documents. Typically, the director being considered for removal gets an opportunity to speak before the vote.
5. Fill the Vacant Seat
If the recall receives enough votes, then the board member is removed. After that, the association must determine how to fill the resulting vacancy.
In Texas, Section 209.00593 generally allows the board to appoint a director to fill a vacancy, with the appointee serving the remainder of the unexpired term. That said, the association’s governing documents may consist of additional requirements.
Does an HOA Board Member Recall Need Cause?
An HOA board recall does not necessarily need cause, but it ultimately depends on the governing documents. The bylaws, in particular, should address whether owners need to provide a specific reason for removing a board member. Most of the time, an HOA may remove a director with or without cause.
Who Can Recall Board of Directors in HOA?
Generally, members with the right to vote on the removal of directors may participate in a recall. In an HOA, this usually means the homeowners.
It is important to differentiate between an officer position and a non-officer position. Officer roles include the president, vice president, secretary, and treasurer. All others are non-officers.
Typically, board members can strip an officer of their designation, but they cannot remove them from the board entirely. For the latter, a membership vote is usually necessary.
Can the HOA Manager Remove an HOA Board Member?
No, the HOA manager can’t remove a board member. The HOA manager does not have the power to petition for a recall or vote on the actual removal.
Managers are hired support staff, which means they are not members of the community. While they can help facilitate the removal by sending notices, checking requirements, and documenting the process, they don’t have direct involvement in the recall.
Due Process
An HOA board recall can serve as an important tool for an association when its leaders are ineffective or misbehaving. That said, homeowners can’t just raise their hand at a meeting and demand removal. They must adhere to the requirements and procedures set forth in state laws and the governing documents.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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