Question 1

Can the HOA board remove one of its own members?

Accepted Answer

Board-initiated removal (without a member vote) is generally permitted only for specific causes defined in the governing documents: habitual non-attendance, criminal conviction, conflict of interest violations, or documented breach of fiduciary duty. Most governing documents do not allow board members to remove each other by simple majority vote for political disagreement. For removal without cause, a membership recall vote is generally required.

Question 2

How does an HOA recall petition work?

Accepted Answer

A recall petition is a member-initiated process to remove one or more board members. Members must collect signatures from a threshold percentage of the membership — typically 5–25% depending on state law and governing documents. Once a valid petition is submitted, the board must call a special meeting within a required timeframe (California: 35–90 days). At the meeting, members vote on removal by majority of those present and voting.

Question 3

What happens to the board seat after removal?

Accepted Answer

After a board member is removed, the vacancy is filled according to the governing documents — typically by board appointment until the next annual election, or by special election depending on how much time remains in the term. In California, if a director is recalled, the vacancy must be filled at the same meeting where the recall is confirmed, or by member election within 45 days. Check your governing documents for the specific vacancy-filling procedure.

Question 4

Can a board member be removed for missing meetings?

Accepted Answer

Yes, if the governing documents include an attendance-based removal provision. Many CC&Rs and bylaws specify that missing a certain number of consecutive meetings (typically 3–4) or a percentage of meetings in a year creates grounds for automatic removal or removal by board action. The threshold and procedure must be stated in the governing documents — the board cannot impose its own attendance standard beyond what is written.

Question 5

What protections does a board member have against removal?

Accepted Answer

Board members generally have the right to notice of any removal action, an opportunity to be heard before the board or membership, and protection against removal for exercising their legitimate duties (dissenting votes, raising good-faith concerns). Removal for cause typically requires documented evidence of the cause. A recall petition must meet signature and notice requirements or it is invalid. Boards and members cannot remove a director arbitrarily for political disagreement without going through the proper recall process.

State	Key statute	Removal rule
California	Corp. Code §7222; Civil Code §5110	Directors may be removed by majority vote of the membership at a special meeting called by petition. Board may not remove its own members except as provided in governing documents. If director is recalled by members, vacancy must be filled at the same meeting by election. Delinquent owners (90+ days) automatically disqualified from serving (Civil Code §5105).
Florida	F.S. §720.303, §617.0808	Directors may be removed with or without cause by a majority vote of members. Director removal requires a special meeting of the membership. Board may not remove directors except as authorized by governing documents. Directors more than 90 days delinquent in assessments are automatically disqualified.
Texas	Prop. Code §209.00592; Bus. Orgs. Code §22.202	Members may remove directors as provided in bylaws or by majority vote of members entitled to vote. Board may remove a director who has failed to satisfy a qualification required by the governing documents. Disqualifying delinquency thresholds vary by governing documents.
Colorado	C.R.S. §38-33.3-303, §7-128-108	CCIOA allows removal of directors by vote of members entitled to cast a majority of votes. Board-initiated removal authority depends on governing documents. Assessment delinquency beyond period specified in governing documents may create disqualification.
Nevada	NRS 116.31036; NRS 82.216	HOA members may remove a director by vote at a special meeting called for that purpose. Board members who become delinquent in assessments may be disqualified under NRS 116.31036. Board authority to remove other directors depends on governing document provisions.
Washington	RCW 64.90.420; RCW 24.03A.610	WUCIOA permits member removal of executive board members by majority vote. Nonprofit Corp. Act permits removal with or without cause by membership. Board-initiated removal depends on governing documents. Delinquency disqualification governed by governing documents.

Should We Remove This Board Member?

The four removal paths

Notice and due process

Board Member Removal Gate

State law reference

Common board mistakes

Pre-removal checklist

Sources