Removal of Officers on Board

[lawadvice]

My question involves a condominium located in the State of RI
I am on the condo board of my association. members are trying to remove me, but have valid reason to or proof Ive done anything wrong. I simply disagree with them often and there is a movement to allow dogs which I'm opposed to. RI condo law allows for my removal without cause as stated below. IS THIS EVEN CONSTITUTINAL? Could I sue using civil rights and due process laws? There is no due process here. people can be removed with no reason. Is that legal? Would it stand up in court? My association also recently passed thier own rule to allow anyone on the executive board, regardless of office. Theyre allowing an unlimted number of people now, so can they even kick me off?
~Condo fighter

RI law:
(g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.

[peppermintpatty]

Excuse me, but where, in the section you quoted in RI law, say that the Board alone can remove you? Much like Florida law the section you quoted says that , " ... the unit owners, by a two-thirds (2/3) vote of all persons preset and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause ..." This means that only the entire membership can remove you from office and not the Board alone.

However, what do your documents say? Do the Bylaws give the Board authority to remove you? If they do not then they cannot.

[ashman165]

My question involves a condominium located in the State of RI
I am on the condo board of my association. members are trying to remove me, but have valid reason to or proof Ive done anything wrong. I simply disagree with them often and there is a movement to allow dogs which I'm opposed to. RI condo law allows for my removal without cause as stated below. IS THIS EVEN CONSTITUTINAL? Could I sue using civil rights and due process laws? There is no due process here. people can be removed with no reason. Is that legal? Would it stand up in court? My association also recently passed thier own rule to allow anyone on the executive board, regardless of office. Theyre allowing an unlimted number of people now, so can they even kick me off?
~Condo fighter

RI law:
(g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds (2/3) vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.

I would surmise that yes, it is indeed constitutional as I'm aware of no protected right to serve on a board of anything. And it sounds like it's in keeping with the democratic principles of the nation: that the a super-majority vote can remove an officer from office.

Anyway, you need to read the statute carefully because a.) there must be a quorum, b.) a two thirds vote by the unit owners is required, c.) you weren't appointed by the declarant, and d.) nothing in your bylaws states a different removal proceeding.

Do you mean that members of the board are trying to remove you, or that the individual unit owners are? If it's the latter case, then I'd suggest that they have every right to remove you because you don't represent the direction they want the condo to go.

[lawadvice]

Excuse me, but where, in the section you quoted in RI law, say that the Board alone can remove you? Much like Florida law the section you quoted says that , " ... the unit owners, by a two-thirds (2/3) vote of all persons preset and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause ..." This means that only the entire membership can remove you from office and not the Board alone.

However, what do your documents say? Do the Bylaws give the Board authority to remove you? If they do not then they cannot.

My documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting."
Thanks for bring ing this to my attention. JUST THE EXECUTIBVE BOARD REMOVED ME. There was also no notice. They sprung it on me at a meeting and took a vote then told me I'm no longer a member. I disagreed with them on many occasions and am the only member of my community with a child. I am also one of the youngest members of my community. Our condo doc’s call for 5 members of the board to be elected and they did away with that and brought on 3 members at the yearly meeting who hold no office title, yet have voting powers.
I believe my rights have been violated. What do you recommend I do now?

I would surmise that yes, it is indeed constitutional as I'm aware of no protected right to serve on a board of anything. And it sounds like it's in keeping with the democratic principles of the nation: that the a super-majority vote can remove an officer from office.

Anyway, you need to read the statute carefully because a.) there must be a quorum, b.) a two thirds vote by the unit owners is required, c.) you weren't appointed by the declarant, and d.) nothing in your bylaws states a different removal proceeding.

Do you mean that members of the board are trying to remove you, or that the individual unit owners are? If it's the latter case, then I'd suggest that they have every right to remove you because you don't represent the direction they want the condo to go.

My documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting."
Thanks for bring ing this to my attention. JUST THE EXECUTIBVE BOARD REMOVED ME. There was also no notice. They sprung it on me at a meeting and took a vote then told me I'm no longer a member. I disagreed with them on many occasions and am the only member of my community with a child. I am also one of the youngest members of my community. Our condo doc’s call for 5 members of the board to be elected and they did away with that and brought on 3 members at the yearly meeting who hold no office title, yet have voting powers.
I believe my rights have been violated. What do you recommend I do now?

Excuse me, but where, in the section you quoted in RI law, say that the Board alone can remove you? Much like Florida law the section you quoted says that , " ... the unit owners, by a two-thirds (2/3) vote of all persons preset and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause ..." This means that only the entire membership can remove you from office and not the Board alone.

However, what do your documents say? Do the Bylaws give the Board authority to remove you? If they do not then they cannot.

My documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting."
Thanks for bring ing this to my attention. JUST THE EXECUTIBVE BOARD REMOVED ME. There was also no notice. They sprung it on me at a meeting and took a vote then told me I'm no longer a member. I disagreed with them on many occasions and am the only member of my community with a child. I am also one of the youngest members of my community. Our condo doc’s call for 5 members of the board to be elected and they did away with that and brought on 3 members at the yearly meeting who hold no office title, yet have voting powers.
I believe my rights have been violated. What do you recommend I do now?

[lawadvice]

My question involves a condominuim issue I'm having in Rhode Island.

Two months ago, THE EXECUTIVE BOARD REMOVED ME from the condo board for my community. There was no notice of the purpose of the meeting (besides business as usuall) to include this action- which was planned. They sprung it on me at a meeting and took a vote then told me I'm no longer a member. JUST THE BOARD REMOVED ME WITH NO VOTE FROM THE ENTIRE CONDO OWNER MEBERSHIP-AS MY CONDO DOCS CALL FOR. I disagreed with them on many occasions and am one of- if not the only -member of my community with a child. I am also one of the youngest members of my community. Our condo doc’s call for 5 elected members of the board to be elected (Pres, VP, Secretary, treaserer, assistant treaserer) and they did away with that standard last year and brought on 3 members at the yearly meeting who hold no office title, yet have voting powers. There are 8 members of the board now that I'm out. They said they now allow "anyone to be on the Board. 6 execttive board members voted for me to be removed.

My condo documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting." They did allow me to come to the next meeting and speak, but they said they dont have to respond to anything I said.

I believe my rights have been violated. Do you think so and what legal advice can you give me?

[ashman165]

My question involves a condominuim issue I'm having in Rhode Island.

Two months ago, THE EXECUTIVE BOARD REMOVED ME from the condo board for my community. There was no notice of the purpose of the meeting (besides business as usuall) to include this action- which was planned. They sprung it on me at a meeting and took a vote then told me I'm no longer a member. JUST THE BOARD REMOVED ME WITH NO VOTE FROM THE ENTIRE CONDO OWNER MEBERSHIP-AS MY CONDO DOCS CALL FOR. I disagreed with them on many occasions and am one of- if not the only -member of my community with a child. I am also one of the youngest members of my community. Our condo doc’s call for 5 elected members of the board to be elected (Pres, VP, Secretary, treaserer, assistant treaserer) and they did away with that standard last year and brought on 3 members at the yearly meeting who hold no office title, yet have voting powers. There are 8 members of the board now that I'm out. They said they now allow "anyone to be on the Board. 6 execttive board members voted for me to be removed.

My condo documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting." They did allow me to come to the next meeting and speak, but they said they dont have to respond to anything I said.

I believe my rights have been violated. Do you think so and what legal advice can you give me?

I only have one question: what do the bylaws specify your action of remedy is? Is there some kind of arbitration that can happen? Otherwise, if nothing is specified in your bylaws for this type of conduct, your only real choice would be to consult a local attorney.

[peppermintpatty]

My condo documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting." They did allow me to come to the next meeting and speak, but they said they dont have to respond to anything I said.

I believe my rights have been violated. Do you think so and what legal advice can you give me?

I only have one question: what do the bylaws specify your action of remedy is? Is there some kind of arbitration that can happen? Otherwise, if nothing is specified in your bylaws for this type of conduct, your only real choice would be to consult a local attorney.

__________________

His Bylaws would not address a remedy.

I would call the Bureau of Condominiums, Homeowners Associations, etc. in your state and ask them to advbise you of your next step. They are usually located in your state capital.

If your Board took it upon themselves alone to strip you of your position then they are clearly at fault. If your state capital cannot assist you then hire an attorney for a consult. Sometimes attorneys will not charge for an initial conversation to state your case. I have found that usually when an association gets their first letter from an attorney they back off because they see that it will involve money to fight a lawsuit.

[KeyWestDan]

Why is it necessary to repeat the same thing in each and every message?

There is NO civil or constitutional right that you could sue under. You could sue for violations of due process under the condo agreement, but only for equitable relief, you could not get damages.

You could sue to force the board to put you back on the board. This is called equitable relief. The board would of course use your money and all the other condo's monthly fees to hire and pay an attorney. Everyone will hate you. As soon as you are back on the board, the entire membership will vote you off of it. Want to bet?

You should also read all the case law where a condo board was sued and won, and the condo owner had to pay the condo board's attorney fees. This is usually well into the tens of thousands of dollars.

In other words, be careful what you wish for.

[ashman165]

__________________

His Bylaws would not address a remedy.

I would call the Bureau of Condominiums, Homeowners Associations, etc. in your state and ask them to advbise you of your next step. They are usually located in your state capital.

If your Board took it upon themselves alone to strip you of your position then they are clearly at fault. If your state capital cannot assist you then hire an attorney for a consult. Sometimes attorneys will not charge for an initial conversation to state your case. I have found that usually when an association gets their first letter from an attorney they back off because they see that it will involve money to fight a lawsuit.

They might; mine do. We have in them a procedure for arbitration.

[lawadvice]

My condo documents say the following: "At any special or regular meeting duly called, any one or more of the members of the board may be removed with or without cause by a majority of the unit owners and a successor may then and there be elected to fill the vacancy thus created. Any board member whose removal has been proposed by the unit owners shall be given at least seven days notice of the time, place and purpose of the meeting and shall be given opportunity to be heard in the meeting." They did allow me to come to the next meeting and speak, but they said they dont have to respond to anything I said.

I believe my rights have been violated. Do you think so and what legal advice can you give me?

I only have one question: what do the bylaws specify your action of remedy is? Is there some kind of arbitration that can happen? Otherwise, if nothing is specified in your bylaws for this type of conduct, your only real choice would be to consult a local attorney.

__________________

His Bylaws would not address a remedy.

I would call the Bureau of Condominiums, Homeowners Associations, etc. in your state and ask them to advbise you of your next step. They are usually located in your state capital.

If your Board took it upon themselves alone to strip you of your position then they are clearly at fault. If your state capital cannot assist you then hire an attorney for a consult. Sometimes attorneys will not charge for an initial conversation to state your case. I have found that usually when an association gets their first letter from an attorney they back off because they see that it will involve money to fight a lawsuit.

Thank you for helping me, but I can not find any information on a Bureau of Condominiums, Homeowners Associations in RI. I will consuly a local lawyer and ask what my options are for getting back on. Would a lawyer take a case if I sued the board for breach of fiduciary duty?