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. 

“What happens next depends on the amount of preparation by the board members who presumably want to stay on the Board and the member who wants them off. This is where the ‘motive’ comes in. Specifically, the four members must be given an opportunity to be heard at the meeting, to address the allegations set forth in the petition either generally or specifically. I always recommend that the members at issue knock on doors to personally speak to as many unit owners as possible to review the petition and to contest the allegations set forth therein. Each of the members at issue should be prepared to defend his or her actions while on the board, i.e., the rules and regulations in question. Again, the motive of the one member who wants to stay on the board may be brought into question at any time. 

“Let’s say that he is in fact successful and the four are removed. It does not necessarily follow that the board is as you say ‘dissolved.’ Unless there is a spectacularly good reason otherwise — and I cannot think of one at this time, try as I might — the four seats vacated need to be filled.  Steps should be taken to have the election at that time to fill those seats just vacated, or, if permitted by the governing documents, the remaining board member has a fiduciary responsibility to appoint people to fill those seats until the next annual meeting when an election may be held.

 “Yes, the member in question does have five votes if he owns five units. The other four members of course would have the ability to vote as well. One caveat: the governing documents would need to be reviewed for terms of disqualification, i.e., members must be in good standing etc.”