Becker & Poliakoff

What Can a Board Do about a Rude Officer or Director?

What Can a Board Do about a Rude Officer or Director?

Becker & PoliakoffMost community association governing documents as well as applicable corporate statutes grant the board the right to appoint and remove officers. This is important when an officer proves to be prone to bad/rude behavior. The board likely has the right to vote to remove this individual as an officer (president, vice president, treasurer, secretary) at a properly noticed board meeting. Note that even if removed as an officer, the person remains a director on the Board. Having this person removed as a director is a more difficult task. If he or she is more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation the Homeowners Association Act and Condominium Act state that he is “deemed to have abandoned” his seat on the board. The only other alternative (assuming this individual is current in all monetary obligations) is to pursue a recall. In both condominiums and homeowners associations, recall of any member of the board, members of the board, or even the entire board, may be accomplished by a majority vote of the entire voting interests of the association.