Q I'm a board member of an association in Cambridge, MA and recently the board  majority has called for a special meeting in order to have a trustee step down.  We have 12 units, and 11 of them were either willing to meet at the proposed  date, or had proxies to that effect. The sole person who refused the proposed  date was the trustee being asked to step down, and he did so two days before  the meeting. The board majority, together with the condo management company,  requested that said trustee provide an alternate date for the special meeting.  The trustee refused to give a date and said that he would get back to us in two  weeks.  

 We’re concerned that the trustee in question will continue to stall and in the  meantime he is sending aggressive emails, pestering other board members, etc.  What can we do?  

 —Out of Bounds  

A “The process for removing a board member in a condominium is explained in the  declaration of trust or bylaws,” explains attorney Michael Merrill of the law firm of Merrill & McGeary in Boston, MA. “Unit owners and board members who want to remove a board member must follow  these requirements in order to effectuate a valid removal. While I have not  read your condominium documents, most trusts or bylaws require an affirmative  vote of 51% of the beneficial interest of the unit owners in person or by  proxy.  

 “The trust will also tell you whether or not the removal must be with or without  cause. If it is with cause you must articulate a reason for the removal. Other  Trust requirements might be that the removal must be voted at a meeting and/or  the trustee to be removed must be provided with an opportunity to be heard.  

 “Since the question is also about scheduling a meeting I assume the trust  requires a board member be removed at a meeting. The issue you raise is, how  can you schedule a date for the meeting if the trustee to be removed refuses to  agree to the dates proposed?  

 “The trust or bylaws also set forth how unit owner meetings are scheduled.  Generally, special meetings of the unit owners can be scheduled by a board  member or the chair of the board. If the unit owners are requesting a special  meeting and not the board, you will need a certain percentage of the unit  owners to request the meeting to be scheduled by the board, generally 25% or  33% of the beneficial interest.  

 “When scheduled, the notice of meeting should specify the reason for the meeting  (vote to remove a board member) and provide the requisite number of days of  advance notice required for a special unit owner meeting with a vote (usually  seven days, but perhaps more). Notice of the meeting should be provided in  accordance with the Trust’s requirements in order to have a valid meeting and removal vote.  

 “If you follow these procedures, you will establish a valid meeting date. I  recommend you attempt to accommodate the trustee being removed as to a  convenient date for the meeting but if the trustee refuses to cooperate or be  reasonable in scheduling a date, the board should proceed as scheduled and  effectuate the removal even if the personal to be removed does not attend the  meeting.  

 “As long as the board and unit owners have acted in good faith in accordance with  the Trust or bylaws and provided a reasonable opportunity for a meeting and an  opportunity to be heard, no judge will invalidate the vote to remove. Once the  vote has occurred a certificate of removal must be recorded at the registry of  deeds before the removal becomes effective.  

 “As you have a small condominium association, it should be fairly easy to  determine if 51% of the beneficial of the unit owners want to remove the board  member or not. My advice is to obtain an informal straw vote by telephone  first, and if there are 51% in favor of the removal, proceed as quickly as  possible and follow the steps outlined above.”