Question:
What are the MS state regulations on removing an HOA board member that was appointed and not elected?
– Mandi
Answer:
Hi Mandi,
According to the Mississippi Nonprofit Corporation Act ยง 79-11-247:
(1) A designated director may be removed by an amendment to the article or bylaws deleting or changing the designation.
(2) Appointed directors:
(a) Except as otherwise provided in the articles or bylaws, an appointed director may be removed without cause by the person appointing the director;
(b) The person removing the director shall do so by giving written notice of the removal to the director and either the presiding officer of the board or the corporation’s president or secretary;
(c) A removal is effective when the notice is effective unless the notice specifies a future effective date.
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