Our initial scan found 3 potential issues in your governing documents.
We checked the 1 public PDF on Canyon Creek Village HOA’s website against current Montana and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article IV, Section 4 · Page 1
Allowing the Board of Directors to remove a member-elected director without cause violates the Montana Nonprofit Corporation Act.
Operative Clause · Article IV, Section 4 (Page 1)
“Removal of Directors by Board Vote — Any Director elected by the Lot Owners may be removed from office without cause at any regular or special meeting of the Board of Directors by an affirmative vote of a…”
Why It’s Flagged
Mont. Code Ann. § 35-2-421
Under MCA § 35-2-421(1) and (4), the members may remove one or more directors elected by them without cause only at a meeting called for the purpose of removing the director, and the board of directors may not remove a member-elected director without a membership vote (except for missing a specified number of board meetings if authorized in the articles or bylaws at the beginning of the director's term under § 35-2-421(9)).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article IV, Section 4 to conform with Mont. Code Ann. § 35-2-421 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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