Board Member With Multiple Civil Lawsuits Against Him

Cindy,

Was this information known to the members prior to the elections? If it was and he was still elected, there ain't a whole lot that you can do about it except wonder what everyone was thinking when they marked their ballots.

Personal character is not normally addressed in any Bylaws so there is nothing that you can do except just avoid him or watch him, which ever you feel right about. As long as he performs his duties as a Board member and stays out of trouble, give him an inch of leeway. You cannot control other peoples behaviors but only react to them when they cross your line.

Was he every actually convicted of any charges? In Michigan, a PPO can be obtained against anyone very easily. It is not necessarily proof of any wrongdoing.
There is nothing in the Michigan Condominium Act that prohibits convicted criminals from seeking office, so unless it is addressed in the bylaws, he is perfectly entitled.

I didn't realize that there was a double posting of this topic. I'm reposting my response on this thread in an effort to keep only one thread active.

Cindy,

If the Association has no requirements that individuals must meet in order to serve on the Board (my understanding is that most do not), then the individual you speak of is allowed to serve if they were properly elected. However, there are options available:

If you are a member of the Board -

1) speak to the individual and express the concerns about perceptions from others.
2) Propose at a Board meeting that the Board request his resignation (the board is not allowed to remove the individual as they were elected by the membership)

If you are a member of the Association -

1) Solicit signatures for a special meeting to recall the individual. The procedure for special meetings and the number of signatures required will be within your governing documents. NOTE: the petition is for the purpose of calling a special meeting to vote on the recall. It is not for the recall. If the petition is worded improperly, the Board will not be required to hold the special meeting.

To prevent such an issue in the future -

Propose amendments to the governing documents that establishes qualifications to serve as a member of the Board. Note - the more qualifications you have the less number of people are eligible to serve which can cause issues in the future if no one who is qualified wants to run.

Tim