Condo Board Vacancy Filled; Volunteer Overlooked

C.W. from Florida writes:

Dear Mister Condo,

If a condo Board has a 5-member Board and one resigns, and a new homeowner elects to offer his services for the Board to fill that seat and the remaining 4 Board Members decline to allow that member to become a Board member but would select another homeowner who does not want to be a Board Member and it is personal and they do not allow the one volunteering his services simply because they do not like him, is this collusion, unethical?

Mister Condo replies:

C.W., I would say it is unfortunate but not unethical. Your governing documents spell out how the Board can fill a vacancy. Typically, it is completely up to the Board to make the appointment. Just because there is a willing volunteer from the association looking to be appointed, the Board is not obligated to do so. In a small association like yours, I would simply suggest that the eager volunteer get on the ballot for the next election. At that time, it is up to the unit owners, not just the Board. All the best!

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