Once in a while, an HOA board will have a member who acts as if they own the place and uses excessive amounts of power. Is there anything you can do if a HOA director misbehaves?
It is possible to expel a homeowner association (HOA) member who is misbehaving, although doing so is not always easy, what you need to know about Arizona’s HOA boards and dealing with rogue board members. You should read the association’s documents and bylaws to learn more about the minimum requirements for your HOA’s board members and officers.
- Efforts to rein in the government
Restricting the board’s power may help prevent problems caused by dissident members. You can achieve this by removing problematic board members from certain committees or roles, at least temporarily, or by explicitly outlining scopes of responsibility in your organization’s bylaws. This includes removing them from their current position on the board entirely.
- Make an effort to alter your actions.
A problematic board member may need only to be talked to and educated to change their conduct. You shouldn’t try to get rid of a board member before you’ve tried everything else, and while talking may be challenging or embarrassing, it’s the mature and correct thing to do. The lack of real estate experience or exposure to other boards might lead to board members unwittingly overstepping their authority or making other mistakes.
- Make a resignation ask.
You can urge their resignation to help them avoid a more public backlash. Again, you should only use this measure after you have tried to correct their behavior and given them a chance to defend themselves. Arizona law allows member removal from the board if a member refuses to quit.
- Hold out till their term is up.
Encourage someone else to compete for the post if you think asking for resignation or voting can cause an issue. This is the best course of action if your problems with the board member go beyond being an annoyance but fall short of seriously jeopardizing the board’s ability to function or its connections with others.
- Go to court and ask for help.
Under the law, a board cannot stop including a dissident member in board deliberations and meetings. The board may vote to authorize a lawsuit against a member whose actions have harmed the board and/or the association. If a director is not fulfilling their responsibilities as a board member, the Association may seek injunctive relief from the court to force them to do so. Of course, legal action may be costly, so boards should only decide to sue after giving the specific circumstances of each case considerable consideration and consulting with legal counsel.