Question:
We need to remove a member from the Board who has done nothing in the past 2 months. She is supposed to be Treasurer but hasn’t done anything in that capacity since being placed on the Board. She was not voted by the homeowners. She volunteered to be on the Board and the Board voted to put her on. Are we stuck with her? We need a Treasurer. We had a homeowner volunteer to be on the Board. Submitted proper paperwork and Board had a phone interview with him (she couldn’t take the 15 minutes to join the call). We had a meeting with 3 Board members present and we wanted to vote on having this new volunteer on the Board. One Board member said we had to have this 4th member (who does nothing) vote so we took an email vote and they both voted no and I and the other Board member voted yes. We desperately need another Board member. How can we take her off the Board and then get this other volunteer on the Board? This is not right. Myself and the other Board member are tired of doing everything ourselves.
– Susan
Answer:
Hi Susan,
If you wish to remove a board member, you may refer to Section 23-17-12-9 of the Indiana Nonprofit Corporation Act. Your HOA’s bylaws may also consist of requirements and procedures for the removal of a board member. You may then appoint a new board member to fill the vacant position. Section 32-25.5-3-11 of the Indiana Homeowners Association Act tackles this subject, and your bylaws may similarly contain further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
