Can Members of Georgia Homeowners Associations Remove Board Members?

Although Georgia’s Property Owners’ Association Act (POAA) does not specifically provide for removal of board members, the Nonprofit Corporation Code – which applies to associations organized as nonprofits – allows for removal.  The Georgia corporate code applicable to for-profit associations has similar removal procedures for the few associations organized for profit.

A board member elected by members can be removed by vote “at a meeting called for the purpose of removing the director.” O.C.G.A. §14-3-808(5).  The notice of the meeting must advise members that “the purpose, or one of the purposes, of the meeting is removal of the director.”  Id.  The number of votes required to remove a board member is the same as what would be required to elect the board member if the meeting was organized for that purpose.  O.C.G.A. §14-3-808(3).  The entire board may be removed in the same manner.  O.C.G.A. §14-3-808(7).