Kelly G. Richardson

Loading your audio article Living in HOAs and governing HOAs can seem frustrating at times, but there are reasons for that frustration, and sometimes recognizing the issues helps.

Living in HOAs and governing HOAs can seem frustrating at times, but there are reasons for that frustration, and sometimes recognizing the issues helps.

Q: If the association bylaws state that a director can only be removed by a 51% of the membership, can that bylaw be nullified by recent legislation? — MW, Chowchilla.

Loading your audio article Q: If the association bylaws state that a director can only be removed by a 51% of the membership, can that bylaw be nullified by recent legislation? — MW, Chowchilla.

A new law in effect this year allows reduction of HOA member quorum if the HOA fails to achieve quorum on the first attempt.

If a director is unable to adequately serve on an HOA board but refuses, sometimes the bylaws will have a provision empowering the board to consider a given number of missed meetings as a resignation by a director. (Getty Images/iStockphoto)

Unless the bylaws say otherwise, the only way to remove a director is to have a vote of the membership to recall them.

Sometimes bylaws will have a provision. Otherwise, the only way to remove an eligible director is a vote.

Q: Last year after insurance skyrocketed, the HOA board borrowed from the reserves and then paid back the reserves with an assessment.

Q: Last year after insurance skyrocketed, the HOA board borrowed from the reserves and then paid back the reserves with an assessment.