HOA President Is Out of Control

Hi Bob,

The first step is to document all instances of inappropriate behavior, including dates, times, witnesses, and specific language or actions used. If possible, gather emails, meeting recordings, or written statements from other homeowners who have also experienced or witnessed his misconduct. Next, review the HOA’s governing documents, including the bylaws and CC&Rs, to determine if he is exceeding his authority or violating any code of conduct policies. Many HOAs have rules against harassment, discrimination, or abuse of power, and if these exist, they can be used to challenge his behavior.

Once documentation is gathered, submit a formal complaint to the HOA board or management company, requesting that the issue be placed on the agenda for discussion at an open meeting. If the board refuses to act, homeowners may need to organize and petition for a special meeting under state laws and the HOA’s governing documents.

It may also be possible to remove the president through a homeowner vote. To remove a board member, the Florida Homeowners’ Association Act Section 720.303(10) states: “Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.”

If his behavior involves harassment, discrimination, or threats, consider reporting it to local authorities.

If you need to create a code of ethics for your HOA, consider reading this article: https://www.hoamanagement.com/code-of-ethics-for-hoa-board-members/