Can The Board Remove a Fellow Member of the Board for Breaking Rules?

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J.P. from New Haven County writes:

Dear Mister Condo,

How can you remove a Board of Director member who consistently breaks the rules?

Mister Condo replies:

J.P., the process for removing a Director is likely outlined in your governing documents. Typically, the Board is not empowered to do so; the unit owners are. It requires a special meeting of the unit owners, properly noticed, to hold a recall election. It is an ugly process that requires proper noticing so that the director that is recalled cannot question the validity of the vote. It is a little more common for the other Board members to speak with the “maverick” Board member and try to reign him or her in before it comes to an actual recall. If the Board member refuses to comply, the recall may be your only option. I hope that helps.

2 thoughts on “Can The Board Remove a Fellow Member of the Board for Breaking Rules?

  1. The board probably could remove them from their office position on the board and make them just a director. For example, if they are the VP, the board can make them a director at large and appoint another VP. But removal is covered by the legal docs and usually requires a vote of the members and sometimes by a number of votes greater than what it took to elect them.

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