Q&A: Questioning Board President's Authority

Q I believe that our condo association president has turned into an aggressive  dictator. Does he or she have the legal right to ask our secretary to remove  discussions and motions from the minutes without cause and refuse to hear other  board members’ concerns or make a motion to vote. There is nothing in the bylaws stating that,  and the co-owners now want to know what is the board hiding? Several co-owners sent the president a letter asking for an explanation of their  decisions but the president refuses to disclose the reasoning. What rights do  the other board members and co-owners have to get this overturned?  

 —Concerned in a Condo  

A “The conduct of condominium association board meetings is controlled by the  bylaws,” says attorney Philip C. Wysor of the Beverly, Mass.-based law firm Glovsky & Glovsky, LLC. “Sometimes bylaws do not provide a lot of guidance and will say things like “meetings shall be conducted according to such rules as may be established by the  board.” Conducting meetings pursuant to Robert’s Rules of Order is a generally accepted method followed by many condo  associations. An agenda should be prepared and circulated to all owners in  advance of the meeting, and it should be adhered to by the president. Neither  he (nor any other officer or participant) has the right to interrupt the  proceedings, cut off discussion or make arbitrary rulings. Any matter that  comes before the board for a vote should be presented by appropriate motion,  seconded, discussed and then voted. Votes can be by show of hands, ballot or  voice vote. Those submitting motions for consideration should be aware of the  majority required for passage. Careful counts should be made and the results  announced immediately. Someone should be authorized to take careful minutes, and the minutes of prior  meetings should always be circulated for errors and voted to be accepted at the  next meeting.  

 “Most condominium bylaws also contain provisions to remove board members and  officers. If such a motion is presented to a meeting of owners and a quorum is present,  the vote may be taken and the results should be binding upon the association.  Many bylaws also contain provisions for mandatory arbitration of disputes if a  deadlock persists.  

 “If the bylaws are inadequate to satisfy the wishes of the owners, there are  steps that can be taken to amend them. This generally requires a vote of 66% or even 75% of the ownership interest and  can only be accomplished by following the rules for amendment spelled out in  the bylaws.”  

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