Removal of Board member by the Board
I read in a previous post that a board member cannot be removed by the board. I would like to confirm this and the AZ statute that states this.
About Post Author
4 Responses
Leave a Reply
You must be logged in to post a comment.
Hi Karolyn,
ARS 33-1243 is for condominiums and 33-1813 is for planned development communities (HOAs) board member removals. Hope this helps!
Karolyn,
Amy is absolutely correct. There are additional provisions that stipulate that the board has no authority to elect board members as that is reserved to members. So only the members have the power to remove or recall elected board members.
Dennis
Does this still apply if our By-Laws say that they can? Does State law override our By-Laws? Our Board has used the threat of removing a Board member to either intimidate them to change their mind on issues or get them to resign. We are worried that they may try to get rid of a newly elected Board member who is more pro-owner than the board is.
Karolyn,
State law always supersedes anything in any of the community documents unless that law allows the documents to dictate, and the law simply provides a backstop where the community documents are silent. In this case the law for removal of board members dictates and supersede any contrary provision of the community documents.
The hierarchy of all documents affecting these communities are Federal law, State law, the CC&R’s, the Articles of incorporation, the bylaws and finally the rules and policies or the association. No lower document can contradict a requirement of a higher document.
The practice of boards trying to intimidate new board members or board members that disagree with them is not uncommon at all. While any board member is free to resign at any time if they believe that the abuse is excessive the board has absolutely no power to remove them without a vote to recall approved by the members. Hold your ground, you owe no allegiance or compliance to the board members only to the people that elected you.
Dennis