Q&A: Can Board Members Be Removed?

Q. Our relatives, living in a townhouse complex in Massachusetts, have a concern. There were four members on their board, but recently, a fifth joined, clearly for his own self-interests and agenda.

He is a lawyer who represents several renters in the complex and did not like some rules and fines the board wanted to initiate, as they would affect him and his clients. His wife spread misinformation in the complex and got more than two-thirds of the owners to sign a petition to remove the other board members. There will be a meeting in a few weeks to dissolve the board, with an obvious plan to keep him in control.

Can anything be done to stop this? Would this person have five votes because he owns five units? Would the other four board members be allowed to vote on this issue, since it is about removing them? The condo already has problems with the renters ignoring rules and doing whatever they want because he is their attorney.

                                  —Concerned Relative

A. “It appears that there is a pending petition to remove members from the Board,” notes attorney Frank A. Lombardi, partner in Goodman, Shapiro & Lombardi, LLC, in Lincoln, Rhode Island. “Setting aside for the moment the motive for the petition, if the petition was signed by the requisite number of unit owners as set forth in the condominium’s governing documents, then the meeting must be scheduled, and if a quorum is established, actually convened. 

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Comments

  • I moved to a new construction building last year, i am not happy with the current board, what is the official way to suggest changes of the board? There were not any board communications at all.