Banning a Condo Board Member from Future BOD Service

J.G. from New Haven County writes:

Dear Mister Condo,

Can a new Board of Directors ban a previous board member from ever participating on the BOD again if a contract was made in bad faith or contrary to By Laws?

Mister Condo replies:

J.G., thank you for the question. Your by-laws spell out who is eligible to serve on the Board and what remedies are available for improper behavior. For the most part, any unit owner is eligible to serve on the Board. Unless the condo documents state otherwise, it is unlikely that the association can strip any unit owner form serving on the Board. If the Board attempts to violate any unit owner’s right, even the Board Member in question, they may find themselves on the receiving end of a lawsuit. That being said, there is no reason for association members to elect or reelect any Board member that has performed poorly or in a questionable manner. Unit owners may also choose to recall a Board member for such behavior.

Contracts made in bad faith or not in accordance with by-laws may be questionable but unless a law was broken, the association may not be able to take action against the Board member who entered the association into the agreement. This is just one more reason that it is good business practice to have the association’s attorney review any contract before the association enters into the contract.