Every now and then, you come across a homeowners association board that has one board member who tries to take too much control, or overexert their authority. What recourse do you have when an HOA director goes rogue?
There is the option to remove an HOA member who is going over the top with their actions, but it is not always a simple process. Here’s what you should know about dealing with rogue HOA board directors in Arizona.
Be familiar with the bylaws
You should check all documents and bylaws of your homeowners association to see what the minimum standards are for board members and officers. This will include information about attendance at meetings, communication with other board members and what authority they do and do not have. A failure to meet standards of the board could lead to removal.
Attempt to limit authority
You can aim to prevent rogue board members from becoming an issue by putting limitations on their authority. You can do this by clearly defining scopes of authority in your organization’s bylaws, or by specifically removing troublesome board members from certain committees or positions, at least until they’ve corrected their behavior.
Seek to correct the behavior
Sometimes it might just take some conversations and education to correct the behavior of a troublesome board member. This is always a good method to try first—you shouldn’t seek to remove a board member until you’ve exhausted all of your other options, and while having a conversation may be difficult or awkward, it’s the mature and right thing to do. Sometimes board members overstep their boundaries accidentally or make mistakes, especially if they don’t have a background in real estate or haven’t served on other boards before. Try to correct the issue through one-on-one conversations, and avoid calling them out in front of the rest of the board.
If the problematic board member can realistically see that they will sooner or later be removed from office, you can instead request their resignation to help them avoid a more public fallout. Again, this is a step you’d only want to take after you’ve already attempted to correct their behavior and after you’ve given them an opportunity to defend themselves.
Wait out their term
If you have any reason to believe that requesting a resignation or holding a vote for removal could unnecessarily create some bad blood, you could just wait out their term and then encourage someone else to run for the position instead. This is a good course of action to take, especially if the issues you’re having with the board member are bad enough to be a nuisance but not so bad that they actually compromise or damage the board’s operations or relationships.
For more tips about how you can deal with troublesome HOA board members, we encourage you to contact the experts at the Goodman Holmgren Law Group today and we’ll be happy to provide more advice about dealing with rogue HOA board directors in Arizona.