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 Law Firm Carolinas.
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.