64. One of our homeowners is on our Board and not well liked by our Board and some other homeowners in our community. Our Board made a motion and unanimously voted to remove this person from the Board and forever being elected in the future, can they really do that?

While some, not all, governing documents contain a definition concerning members in good standing may cast a vote, we are unaware of HOA rules, regulations and laws preventing the entire membership of any HOA from voting for or against a homeowner based solely upon liking or not liking one or more homeowners by a Board of Directors or Officers of that Board. It is best to seek mediation, arbitration, and/or legal counsel in this instance. WVOHOA does not provide legal counsel.

Be sure you review West Virginia §31E-8-809. Removal of directors by members or directors, and §31E-8-810. Removal of directors by judicial proceeding.

FACT: open communication and transparency is key to success in any HOA.