Corpus Christi, TX asked in Real Estate Law and Libel & Slander for Texas

Q: Can you please inform me (or direct me to appropriate information) on how to remove board members.

I know a petition to remove can be done, but I want to know the exact steps so if the majority of the owners wish to pursue this we don't get ignored for not following one particular procedure correctly. We currently have a rogue board president specifically, and it is unclear if these other two recently appointed members are following suit. We are in the process of electing two more board members and I am not certain they are even handling that correctly. Thank you.

1 Lawyer Answer
John Cucci Jr.
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A: I will assume you are asking about removing board members for your Home Owner's Association "HOA."

Each HOA has it's own by-laws and rules. This usually includes the rules/process on adding and removing board members. To properly advise anyone, a lawyer would need a copy of the rules. In most cases, there is a process for removing and replacing board members. It usually requires a vote by a majority or super-majority of board members, or a super-majority of homeowners. HOA members do have some rights. If the removal of a corrupt board member is blocked or ignore by the HOA, you can sue the HOA in-District Court, to get justice or change.

Good Luck!

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