A Sometimes Necessary Change

 

On occasion it is appropriate to seek the removal of a Trustee that has been elected by the membership.  The process of removal can either be initiated by the Association’s Governing Board or by the membership.  Although most Governing Documents allow for a Trustee’s removal without cause, experience shows that the membership will require an explanation of the cause justifying removal.  However, a Trustee whose removal has been proposed has due process rights, including the right to be heard at the meeting at which there will be a discussion and a vote upon the proposed removal.  If the removal meets Governing Document requirements, the vacancy on the Board created by the removal is filled by a vote of the membership.   The Trustee elected serves the remaining unexpired term of the Trustee removed.

 

The process of removing a Trustee is a very difficult chapter in the life of a Community Association.  It can be very divisive within the Community.  Removal meetings are emotional and tend to get heated but are many times necessary to allow the Board to function properly and effectively for the Community.