Condo Media - June 2021 - 12

Asked & Answered

An Arresting Situation

Board Member Removal

One of the members of our board just discovered that
one of our other board members has been arrested?
While the arrest is unrelated to the association, the board
is concerned about how this will look to owners, and we
would like to remove this board member from the board.
The association is in Massachusetts - can we do this, should
we do this, what is the best way to handle this situation?

The condominium documents provide a procedure
for the removal of a board member. It is certainly
not something to be taken lightly and the procedure
almost always requires a majority of the unit owners
to vote at a meeting. Sometimes the documents state
that a board member can be removed without cause,
and sometimes the documents state that you need
cause to remove the board member. The starting
point will always be the condominium documents,
as Massachusetts Law does not have a procedure
set forth in the statute.
JUST ASK
However, I have found over the past three decades
the easiest way to remove a board member is usually
just to ask. When a board member is arrested for
something unrelated to the condominium association,
oftentimes, the remainder of the board panics.
They realize that it would look bad for this board
member to stay on the board. There is also often an
outcry from the community to remove the board
member if the arrest is widely known.
Again, the simplest answer is just to ask.
Most recently, I had this type of a situation and I
called the board member. The board member did
not return my call, but within twenty-four hours,
their attorney called me. The attorney actually told
me that it is their advice whenever they represent an
alleged criminal to advise that person to step down
from any positions they may have. This avoids further
public ridicule or embarrassment. The board was
extremely pleased with how quickly and efficiently the
problem was resolved, and the board member resigned.

12

CONDOMEDIA June 2021

A resignation was drafted and forwarded to the
attorney for the board member who had it signed
and returned to us for recording at the Registry.
This is the main point I would like to make:
The board member who is accused of doing something
and is arrested is almost always very embarrassed.
In almost all instances, they do not get paid to be a
member of the board. It is a voluntary position.
Therefore, they will usually step down willingly.
OWNER ACTION
In the event they will not step down willingly after
you ask, pressure can be easily applied, which would
cause them to change their mind. Once we tell the
board member that even though they are innocent
until proven guilty, the unit owners will have to be
informed of the situation and a meeting will have
to be called to discuss removing the board member.
This would cause a lot of embarrassment for the board
member in the place where they usually live. This type
of pressure, when nicely applied, almost always works.
Of course, if you get a board member who does
not want to be removed from the board for whatever
reason, they can still be removed. A properly noticed
meeting would have to be held and the association
documents have to be followed. In almost all instances,
the board member will be voted out of office.
■ THIS ANSWER WAS PROVIDED BY
RICHARD BROOKS, ESQ., A PARTNER IN THE
LAW FIRM MARCUS, ERRICO, EMMER & BROOKS, P.C.
Condo Media - June 2021

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