CherylB2
Posts: 2
Posts: 2
Posted:
Does your condo docs allow you to be voted off by the majority of the board? If so can you please state exactly what the documents say? We are looking to do an amendment to ours. Thank you in advance.
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Does your condo docs allow you to vote off BMS?
Started by CherylB2 • 5 replies • 1490 views
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JanetB2 (Colorado)
Posts: 4,213
Posts: 4,213
Posted:
Hi Cheryl:
What state are you from? Different states will have different statutes regarding this issue.
What state are you from? Different states will have different statutes regarding this issue.
CherylB2
Posts: 2
Posts: 2
Posted:
State of MA.
JanetB2 (Colorado)
Posts: 4,213
Posts: 4,213
Posted:
Hi Cheryl:
Interesting … when you first posted there was no state noted under your name, must have been recently fixed in the system.
Here is a link to your state statutes:
http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a
In Massachusetts apparently the HOA can be a corporation, trust, or unincorporated association. You will need to look at your articles of incorporation or other documentation to determine what areas your group would fall under with regards to other statutes for corporate or trust law and which will usually describe boards, duties, etc.
In most states because the board is elected by the membership, then only the membership can vote to remove a board director.
My HOA documents state as an example:
At any meeting of the members at which a quorum is present, the members, by a vote of 67% of all persons present and entitled to vote, may remove the entire board of directors or any lesser number, other than a director appointed by the Declarant.
Interesting … when you first posted there was no state noted under your name, must have been recently fixed in the system.
Here is a link to your state statutes:
http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183a
In Massachusetts apparently the HOA can be a corporation, trust, or unincorporated association. You will need to look at your articles of incorporation or other documentation to determine what areas your group would fall under with regards to other statutes for corporate or trust law and which will usually describe boards, duties, etc.
In most states because the board is elected by the membership, then only the membership can vote to remove a board director.
My HOA documents state as an example:
At any meeting of the members at which a quorum is present, the members, by a vote of 67% of all persons present and entitled to vote, may remove the entire board of directors or any lesser number, other than a director appointed by the Declarant.
GlenL
Posts: 5,429
Posts: 5,429
Posted:
Cheryl it is unusual for a Board to have carte blanch to remove members at a whim, IMHO it opens the gates for abuse, giving Board members the ability to remove those that disagree with them. Now I have heard of Boards that can remove members for cause - missing three Board Meetings in a row, being more than 30 days in arrears, etc. Which type of amendment are you looking for?
SteveM9 (Massachusetts)
Posts: 3,688
Posts: 3,688
Posted:
Quote:
Does your condo docs allow you to be voted off by the majority of the board?
No. Its an election here.
Try asking the board member to resign.
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