Q&A: Conflicted in Connecticut

Q I am the vice president of our board. Just recently, we found out through a real  estate ad that the president of the board is selling his unit. Does this pose a  conflict of interest? In effect, should the president remain the president  while he is selling his unit? He's postponed several meetings where we are  supposed to address a maintenance increase. My guess is that he is obligated to  tell his prospective buyers about the maintenance increase but one would wonder  why these meetings have been continuously postponed.  

 Does the board president have the right to continue postponing meetings or  short-circuit our agenda? And should the board president be involved in any  discussion of a future maintenance increase? Is there anything we as a board  could do to keep the president in line? What should our next course of action  be?  

 —Not on Board  

A “The fact that the president of your association is selling his or her unit,  alone, does not create a conflict of interest or prevent him or her from  serving as president,” explains attorney Frank Pilicy of Frank G. Pilicy, P.C in Watertown, CT. “However, the fact that the president has postponed several meetings and one  purpose of the meetings was to implement a needed increase in maintenance  charges certainly raises the possibility that the president has an improper  personal motive. As the vice president you could poll the other board members  and collectively notify the president that the remaining board members will not  agree to postponement of any future board meeting. If the president actively  opposes convening or attending the next board meeting, the board could act in  the president’s absence so long as a quorum is present. If the president continues to  interfere with routine board activities the remaining members of the board may  vote to remove the president from the position of president. He or she would  remain a board member. You as vice president may serve as the acting president  until the board elects a new president.”