How to Remove an HOA Board Member in Kentucky

Removing an HOA board member in Kentucky depends primarily on what type of homeowners’ association you have and what its governing documents require. For a Kentucky planned community, KRS 381.787 provides a specific removal procedure: unless the declaration or bylaws require a higher voting threshold, owners may remove a board member, with or without cause, by a majority vote of those present in person or by proxy at a properly constituted association meeting. A declarant-appointed director is an exception.

For incorporated HOAs that operate under Kentucky nonprofit corporation law, the association’s articles of incorporation and bylaws are especially important. KRS 273.211 provides that a director may be removed according to a removal procedure contained in the articles or bylaws.

Quick Answer: Can Homeowners Remove an HOA Board Member in Kentucky?

Yes, homeowners can potentially remove an HOA board member in Kentucky, but the exact procedure depends on the association’s legal structure and governing documents. Kentucky’s planned-community statute allows owners to remove a board member with or without cause by the required vote at a meeting where a quorum exists, subject to the statutory exceptions and applicable governing documents.

Important: HOA law can depend on the association’s declaration, bylaws, articles of incorporation, and whether the community is a planned community or condominium. This article provides general legal information, not individualized legal advice.

Definition: What Is HOA Board Member Removal?

HOA board member removal is the formal process through which homeowners or another authorized body end an elected or appointed director’s position before the director’s normal term expires.

Removal from the board is different from simply asking a director to resign. A resignation is voluntary; removal is an action taken under the authority of the association’s governing documents or applicable law.

Does Kentucky Law Allow HOA Board Members to Be Removed?

Yes, but there is no single removal rule that applies identically to every Kentucky HOA.

Kentucky’s 2023 planned-community legislation specifically addresses board-member removal in KRS 381.787. The statute requires the declaration or bylaws to address the method of removing directors and provides a default owner-voting rule when the governing documents do not establish a higher percentage.

Kentucky law also recognizes different organizational structures. Planned communities are generally subject to KRS 381.785 through 381.801, while condominium associations are governed by the Kentucky Condominium Act in KRS 381.9101 through 381.9207.

That distinction matters because the voting threshold can be different.

Kentucky HOA Board Removal Rules at a Glance

Association Type	General Removal Rule	Important Consideration
Kentucky planned community	Majority vote of persons present and entitled to vote, unless a higher percentage is required	Quorum must be present; declarant-appointed directors are excluded
Incorporated nonprofit HOA	Follow the removal procedure in the articles or bylaws	KRS Chapter 273 may govern the corporation
Kentucky condominium association	Two-thirds vote of persons present and entitled to vote at a meeting where a quorum exists	Declarant-appointed board members are excluded
Association with stricter bylaws	Follow the higher requirement	Governing documents can materially affect the process

For planned communities, KRS 381.787 expressly says the owners may remove a board member with or without cause unless a higher percentage is required by the declaration or bylaws.

For condominiums governed by the Kentucky Condominium Act, KRS 381.9169 establishes a two-thirds vote of persons present and entitled to vote at a meeting with a quorum for removing an executive-board member, other than a declarant-appointed member.

How to Remove an HOA Board Member in Kentucky: Step-by-Step

If homeowners believe a director should be removed, the safest approach is to follow the association’s governing documents precisely.

1. Determine What Rules Govern Your HOA

Start by identifying whether the community is:

1. A Kentucky planned community;
2. A condominium association;
3. An incorporated nonprofit HOA; or
4. Another form of homeowners’ or property owners’ association.

Do not assume that every Kentucky HOA uses the same voting threshold.

For planned communities, Kentucky law specifically states that declarations or bylaws must address matters including the board’s size, election method, terms, powers and duties, and the method of removing directors.

2. Read the Declaration and Bylaws

Obtain the current:

• Declaration of covenants, conditions, and restrictions;
• HOA bylaws;
• Articles of incorporation, if applicable;
• Rules and regulations;
• Relevant meeting and election policies.

Look specifically for sections titled Removal of Directors, Recall of Directors, Board Elections, Special Meetings, Voting, Quorum, and Member Meetings.

This step is critical because a community’s governing documents may require a higher voting percentage or impose procedural requirements.

Kentucky’s planned-community statute expressly recognizes that governing documents can require a higher percentage than the statutory default.

3. Determine Whether There Is a Valid Reason for Removal

For Kentucky planned communities, the statutory removal mechanism does not necessarily require homeowners to prove misconduct. KRS 381.787 states that owners may remove a board member with or without cause, subject to the statutory exception for a declarant-appointed director and any applicable voting requirements.

Common reasons homeowners may seek removal include:

• Alleged conflicts of interest;
• Repeated violations of governing documents;
• Failure to perform board responsibilities;
• Financial-management concerns;
• Failure to follow required procedures;
• Persistent disruptive conduct; or
• Loss of homeowner confidence.

However, homeowners should distinguish between legitimate governance disagreements and allegations that could expose individuals to defamation or other legal claims. Keep statements factual and document-based.

4. Follow the Procedure for Calling the Appropriate Meeting

A removal vote normally needs to occur through the association’s authorized meeting process.

Check the bylaws for requirements concerning:

• Who can call a meeting;
• Whether members can petition for a special meeting;
• Required notice;
• Notice period;
• Meeting location or permitted remote participation;
• Quorum;
• Voting eligibility;
• Proxies; and
• The required voting threshold.

Do not skip the notice and quorum requirements simply because homeowners strongly support removal. A vote can become vulnerable to challenge if the association fails to follow its governing documents.

5. Give Proper Notice of the Removal Vote

The notice should clearly identify that the meeting will involve a vote concerning the director’s removal.

A good notice should identify:

• Date and time;
• Location or remote-meeting information;
• Purpose of the meeting;
• Director whose removal is being considered;
• Voting requirements, where appropriate; and
• Any proxy or ballot instructions required by the governing documents.

The goal is transparency. Homeowners should know in advance that removal is being considered rather than discovering it unexpectedly during an unrelated meeting.

6. Establish a Quorum

A quorum is the minimum number of eligible voting members who must participate before the association can validly conduct specified business.

For Kentucky planned communities, KRS 381.787’s removal rule expressly requires a meeting at which a quorum is present.

If the association does not have the required quorum, homeowners should not assume that a removal vote is automatically valid.

7. Conduct the Vote

Once the meeting is properly convened and quorum is established, conduct the removal vote according to the governing documents and applicable Kentucky law.

For a planned community covered by KRS 381.785 through 381.801, the default rule is a majority vote of the persons present in person or by proxy who are entitled to vote, unless the declaration or bylaws require a higher percentage.

For a condominium association governed by KRS 381.9169, removal requires a two-thirds vote of all persons present and entitled to vote at a meeting where a quorum exists, subject to the statutory exception for a declarant-appointed member.

8. Document the Result

The association should maintain an accurate record of:

• Meeting notice;
• Attendance;
• Proxies, where applicable;
• Quorum determination;
• Ballots or voting records, when required;
• Vote totals;
• Meeting minutes; and
• The effective date of removal.

Good records can become particularly important if the former director disputes the result.

What If the HOA Is Incorporated as a Nonprofit?

Many HOAs operate as nonprofit corporations. Kentucky nonprofit corporations are addressed under KRS Chapter 273.

KRS 273.211 states that directors may be removed according to a removal procedure provided in the corporation’s articles of incorporation or bylaws.

That means homeowners should not automatically apply the planned-community statute’s majority-vote rule to every incorporated HOA without first checking which legal provisions govern the association.

In an incorporated association, the bylaws may establish specific requirements for director removal, elections, meetings, voting, and vacancies.

Practical rule: If the HOA’s corporate documents provide a specific removal procedure, follow that procedure carefully unless applicable law provides otherwise.

What If the HOA Is a Condominium Association?

Condominium owners should look at the Kentucky Condominium Act, rather than assuming that planned-community rules apply.

Under KRS 381.9169, unit owners may remove an executive-board member with or without cause by a two-thirds vote of all persons present and entitled to vote at a meeting where a quorum is present. A member appointed by the declarant is excluded from this removal provision.

This is an important distinction for Kentucky homeowners because the voting threshold for condominium board removal can be higher than the default rule for a planned community.

Can an HOA Board Remove One of Its Own Members?

Homeowners should be careful about confusing removing a director with removing an officer from an officer position.

A board may have officers such as a president, vice president, secretary, and treasurer. Depending on the governing documents and applicable law, an officer may be replaced or removed from an officer position without necessarily removing that person from the board itself.

For example, removing someone as HOA president does not automatically mean that the person has ceased being a director.

The association should therefore identify exactly what action is being taken: removal as an officer, removal as a director, resignation, or replacement after a vacancy.

What Happens After an HOA Board Member Is Removed?

Removal creates a board vacancy unless the governing documents or applicable law provide another mechanism.

The next step is determining who has authority to fill the vacant seat and how the replacement serves the remainder of the term.

For planned communities, KRS 381.787 establishes the board structure and governing-document requirements, while the association’s declaration and bylaws should be reviewed for vacancy procedures.

The association should also update its records, banking authority, management-company records, and other official information when a director’s removal changes who is authorized to act for the HOA.

What If the HOA Refuses to Hold a Removal Vote?

If homeowners believe the board is improperly refusing to follow the governing documents, the first step should generally be to review the association’s meeting and member-rights provisions.

Create a written record of the request and identify the specific provision that allegedly gives members the right to request or conduct the meeting.

If the dispute cannot be resolved internally, homeowners may need to consult a Kentucky attorney experienced in HOA, condominium, real-estate, or nonprofit-corporation law.

The Kentucky Legislative Research Commission also cautions that its statutory information is not legal advice and recommends consulting a qualified attorney for legal advice.

Common Mistakes to Avoid When Removing an HOA Director

The removal process can fail when homeowners focus only on getting enough votes and overlook the required procedure.

Avoid these mistakes:

1. Ignoring the bylaws. The governing documents may impose a higher voting requirement or additional procedures.
2. Using the wrong voting threshold. Planned communities and condominiums can have different statutory rules.
3. Skipping quorum requirements. A removal vote may depend on having a valid quorum.
4. Failing to provide proper notice. Meeting notice requirements should be followed precisely.
5. Confusing an officer with a director. Removing someone as president is not necessarily the same as removing them from the board.
6. Failing to document the vote. Keep complete meeting and voting records.
7. Making unsupported accusations. Stick to verifiable facts and governing-document violations.
8. Assuming every Kentucky HOA follows one law. The association’s structure matters.

Planned Community vs. Condominium Board Removal in Kentucky

Issue	Planned Community	Condominium
Main Kentucky statute	KRS 381.785–381.801	KRS 381.9101–381.9207
Removal rule	KRS 381.787	KRS 381.9169
Default removal vote	Majority of persons present and entitled to vote	Two-thirds of persons present and entitled to vote
Quorum required	Yes	Yes
Removal with or without cause	Yes	Yes
Declarant-appointed director	Exception	Exception
Governing documents matter	Yes	Yes

The distinction is supported by the current Kentucky statutes. Planned-community law provides the majority-vote default in KRS 381.787, while the Kentucky Condominium Act provides a two-thirds standard in KRS 381.9169.

Does Kentucky’s 2023 HOA Law Affect Older Communities?

Yes, this is an important consideration.

KRS 381.786 states that planned communities in Kentucky are subject to KRS 381.785 through 381.801, but it also says that, unless specifically stated otherwise, the law does not invalidate provisions in governing documents that were already recorded before June 29, 2023.

This means homeowners should not assume that a newly enacted statutory rule automatically overrides every provision in an older declaration or other governing document.

When there is a conflict between a statute and an older governing document, the precise language and applicability of the statute should be reviewed carefully.

Key Takeaway for Kentucky Homeowners

The process for how to remove an HOA board member in Kentucky starts with identifying the association’s legal structure and reviewing its governing documents.

For a Kentucky planned community, KRS 381.787 generally permits owners to remove a board member with or without cause by a majority vote of eligible persons present in person or by proxy at a meeting where a quorum exists, unless the declaration or bylaws require a higher percentage.

For a condominium, the Kentucky Condominium Act uses a two-thirds voting standard for removal. Incorporated HOAs may also be subject to specific removal procedures contained in their articles and bylaws.

The safest approach is therefore straightforward: identify the governing law, read the declaration and bylaws, verify the voting and quorum requirements, provide proper notice, conduct the vote correctly, and document the result.

Frequently Asked Questions