NEW ENGLAND CONDO EXPO. NOV 2ND . BOSTON CONVENTION CENTER. REGISTER NOW!

Q&A: Can Condo Treasurer Be Fired Without Due Cause?

Q “Do the individual condo association board members and president have the legal  right to remove a treasurer from his or her duties without due cause and deny a  chance for rebuttal?”  

 — Breaking Up is Hard to Do

A “The issue of whether a Board of Trustees/Directors has the right to remove an  officer is often document-driven. Most Massachusetts condominium association  documents which deal with this issue indicate that the board itself may remove  any officer with or without cause. Consequently, many boards choose the path of  least resistance to remove members without cause, thereby avoiding a divisive  debate over whether sufficient cause exists to remove a board member and  thereafter a hearing regarding the same.  

 “If the removal is to be for cause, the better approach is to provide the officer  to be removed with notice and a chance to defend him/herself regarding the same. These are the types of meetings which will often occur in executive session.

 “As to the removal of a trustee(s), again, most documents provide that the unit owners may remove with or without cause, after notice and an opportunity to be heard. If the documents do not provide for notice and an opportunity to be heard, many attorneys still suggest that this be provided.”  

 — Charles A. Perkins, Esq.

 

Comments

  • We are a small Association in NH. Our bylaws contain one Article that addresses Directors (and how to remove a Director) and a seperate Article that discusses Officers (and how to remove an Officer). Members may petition for a Special Meeting to remove a Director, but what if that Director holds office? Also, the bylaws say that the offfice of President "need be" a Board member. So, can the Assoc vote to remove the Pres or will the Board need to remove his office first and then the Assoc can vote him off the Board as Director? Thank you!