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.”
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