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Can an HOA Board Remove a Director by Censuring Them?
When an HOA board votes to “censure” one of its own directors, it often sounds like discipline. It sounds serious. It sounds like removal. But in California HOAs, censure is something much narrower, and it is frequently misunderstood or misused.
🎯 What You’ll Learn in This 1-Minute Tip:
✅ Why censure is not removal from the board.
✅ Why a censured director keeps full voting and participation rights under Civil Code § 5350.
✅ How bad HOA boards weaponize censure to intimidate dissenting directors.
A censure is a recorded expression of disapproval. It does not remove a director, strip voting rights, suspend fiduciary duties, or impose penalties. A censured director remains a full board member and may attend meetings, speak, make motions, and vote. In bad HOAs, however, bad boards often misuse censure to create a negative paper trail, damage credibility, and chill reform efforts. When that happens, the issue shifts from governance to abuse of authority.
🎧 📞 If you enjoyed this Tip, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.
Disclaimer:
This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.
This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
About:
Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.
💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]
#HOACensure #HOAreprimand #HOAattorney #HOAlawyer #HOABoardDisputes #CaliforniaHOA #DavisStirlingAct #badHOA #HOAhell
🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.
👉 Got an HOA nightmare? Submit your question at [email protected]. more about your rights as a homeowner: https://MBKChapman.com
📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)
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By Michael KushnerWhen an HOA board votes to “censure” one of its own directors, it often sounds like discipline. It sounds serious. It sounds like removal. But in California HOAs, censure is something much narrower, and it is frequently misunderstood or misused.
🎯 What You’ll Learn in This 1-Minute Tip:
✅ Why censure is not removal from the board.
✅ Why a censured director keeps full voting and participation rights under Civil Code § 5350.
✅ How bad HOA boards weaponize censure to intimidate dissenting directors.
A censure is a recorded expression of disapproval. It does not remove a director, strip voting rights, suspend fiduciary duties, or impose penalties. A censured director remains a full board member and may attend meetings, speak, make motions, and vote. In bad HOAs, however, bad boards often misuse censure to create a negative paper trail, damage credibility, and chill reform efforts. When that happens, the issue shifts from governance to abuse of authority.
🎧 📞 If you enjoyed this Tip, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.
Disclaimer:
This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.
This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
About:
Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win.
💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]
#HOACensure #HOAreprimand #HOAattorney #HOAlawyer #HOABoardDisputes #CaliforniaHOA #DavisStirlingAct #badHOA #HOAhell
🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.
👉 Got an HOA nightmare? Submit your question at [email protected]. more about your rights as a homeowner: https://MBKChapman.com
📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)