By Edward J. O’Connell, III, ESQ. Edward represents common-interest community associations and non-profit nonprofit tax exempt organizations on a wide range of legal issues including contracts, real estate, corporate governance issues, tax, social media, employment, covenants enforcement and insurance. He has concentrated in these areas of the law for more than 20 years. In addition to his law practice, Ed is the Co-Chair of the firm’s business department. Formerly he was a President and a member of the board of directors of the Washington Metropolitan Chapter of the Community Associations Institute (WMCCAI) and is currently a member of the Chapter’s Virginia Legislative Committee. He is a graduate of the University of Richmond and the Catholic University of America Columbus School of Law.
HOW TO GET RID OF A BOARD MEMBER Dear Quorum, How can you get rid of a board member? Dear Frustrated Owner, Getting rid of a director is not easy process. The decision to get rid of a director will in
most cases require a majority vote of the association membership and thus must be thought through carefully. It is difficult for a reason.
less a director resigns or is no longer eligible to serve (e.g., director sells his or her home), directors can only be removed from office by the members.
Once a board of directors transitions from declarant control to owner control, directors are typically elected by members. Thus, un-
Keep in mind that most community association volunteer board members donate countless hours of their time and energy to their communities. These elected volunteer board members are responsible for ensuring that their community association meets their obligations and that governing documents are followed and enforced. Many of the tasks for which a board’s attention is required are challenging, boring and at times unpleasant. Yet most board members selflessly contribute the time and intellectual capacity that the community associations they serve require. Without the generous contributions of these volunteer board members, community associations cannot function.
Downtime Is Not An Option. Use our ServiceAbility phone app to request service instantly.
R NO Fees. R NO Hassle. R NO Problem. COMMERCIAL LAUNDRY PROFESSIONALS 1.800.927.9274 • caldwellandgregory.com
24 | QUORUM 983651_Caldwell.indd 1
10/21/19 7:29 PM
From time to time, however, individual board members shirk from their responsibilities; or worse, behave in a manner that is unsuitable or even destructive. While you have not disclosed the specific issue you may have with the director, I suspect that it falls into one of these categories. There are three options available to you. The options are (i) request the director’s resignation (ii) wait out the director’s term and if the director seek re-election, then support the opposing candidate or be prepared to run for the Board; or (iii) seek the removal of the directors.