Removal of an Officer vs. Removal of a Board Member of a Community Association

Steve Black

Removal issues are almost always
sensitive and highly charged emotional issues. It is important that the board
of directors follows the required process correctly and seeks legal guidance
when necessary.

If your board directors has questions regarding
removal of an officer or removal of a board member, please contact one of our
community association attorneys here at Black Slaughter and Black, P.A.

There is often confusion regarding
the difference between removal of an officer and removal of a board
member in a North Carolina or South Carolina Community Association.

In most cases the sitting board of directors
has the authority to remove an officer from their officer position by a
majority vote of the board of directors. Therefore, the board of directors,
alone and without membership involvement, may be able to remove the president,
vice-president, secretary, or treasurer from their officer position and appoint
them to a different officer position or leave them as a member at large. Note –
The removed individual is still on the board of directors and likely still has
an equal vote on all association matters.

Removal of a board member from the
board of directors is very different. In most cases removing a board member requires
a vote of the membership of the association, typically needing a majority vote
of the membership present at a duly called membership meeting where quorum is
present.

Note, most associations fall into the
requirements above. However, please note that some older associations may
require a majority vote of all of the members of the association, or
some other unique voting requirements.

Author: Steven E. Black
Articles have been Reprinted with permission from Black, Slaughter, Black.

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