“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
“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.