S.W. from Dallas, Texas writes:
Dear Mister Condo,
Mister Condo replies:
S.W., sounds like you aren’t too happy with the folks running your condo association and want to know if they can be fired? Since they are not employees, they cannot be fired. They can be voted out of office either at a regularly scheduled annual meeting where elections are held or, if there is enough discontent amongst the other unit owners, you may be able to hold a special election meeting where serving members can be recalled and replaced with newly elected leaders. A breach of fiduciary duty can mean a lot of things so depending on how bad this breach was may determine whether or not a recall election is in order. It is important to remember that you must play be the rules as outlined in your governing documents and state law. Recall elections can be tricky but, if warranted, may be your only real choice here. Review your documents and follow the procedure exactly as outlined. If necessary, consider hiring an attorney that specializes in community association law to guide you. All the best!