board acting against by-laws

Our current board willfully acts against our by-laws. I am also a director but am in the minority in the opinion that we must follow our by-laws. It has escalated to the point of them "voting me off the board" despite the fact it takes 2/3 of the membership to do this. Has anyone had experience with taking individual board members to court? Sad, but it seems the only alternative now.

Steve, I would never spend my money to go to court over this. I would do the following:
1) a) Make a motion at a BOD meeting to pass a resolution that all controlling documents of the association shall be complied with by the BOD. State that failure by any Board member to do so will be grounds for a recall; b) Require this be recorded in the minutes; and c) Anytime there is a BOD action in violation call for a "point of order" state the violation and request compliance.

2) If the BOD does not want to pass this motion or fails to comply with the controlling documents let them know you will be contacting the Attorney General's office.

3) If necessary I would get up a petition to try to remove them from the Board.

4) If all of the above fail I would resign from the Board to protect myself from a potential lawsuit. When there is wrongdoing a disgruntled owner could cause you lots of money. An example is your post, it may cost every Board member who is sued.

I will try the Attorney General's office. Roger at this point they are conducting meetings without me, sent management to my house to collect my common area keys and have proceeded to shut me out of all business including signing checks which as treasure I am supposed to do.

I can say a little about SC. I just recxeived an e-mail from the AG office in reply to an inquiry I made to the Ombudsman's office. I asked to be directed to the state office that has Oversight on Condominiums and HOA concerns. They wrote that the state does not have oversight on HOA and can't advice on any HOA personal conflicts. They gave me a lawyer referral list. I never told them my specific problems.
I didn't like this answer and replied I can't see how they can declare they have no oversight. The State requires all Condominiums to be established under the State Horizontal Property Act and that Act is the senior authority of our CC&R's. I further stated that we are a legally licensed Corporation by the state and therefore would apparentlyy fall under the Laws of corporations.

Now to me this makes perfect sense. The Horizontal Property Act is amended by the state legislation from time to time and as recently as last year but they have not posted the changes yet on their internet site. They state on the site that they have made changes but advise you to be sure if you are going to rely on the Act to seek legal advice to find out if the changes apply to your problem. This Act can be downloaded from the state site and is eight pages. The entire Act as shelved in the County Library consists of at least Ten Volumes.
I saw the AG office web site stated they had an Ombudsman e-mail address and they encourage anyone to write and inquire aabout anything and being faithful public servants they will get you an answer or direct you to the proper office. Now I don't know how it will happen but my instinct tells me I am wasting my time even though my position seems reasonaable to ask for assistance as a tax papyer.
Anyone want to vote on my effort being productive? I vote..no way, I can feel the beaurocratic train rumbling down the tracks and ready to run me down.

BillG,
I just received another reply from the AG office. They asked me for the section Code of the Horizontal Property Act. Said they were not aware of it and would like to read it. I sent them the url of the Act and told them if they would Google it they would find that this url is one of 256,000 references.
I hear the train picking up speed. The Ombudsman's office telling me first they had no oversite, then writing and wanting me to provide them with the information of where to view the Act because they would like to read it, I think is another sign I am about to run into a void and find myself talking to myself.

Bill G, you know if the Board meetings of a condominium can be closed?
Is is legal to have a meeting, take some action and publish the minutes of the meeting two monthss after the meeting. Our board, in addition to the Annual Meeting which is held on premises, meets maybe five, six times during year by conference call. No prior notice is given to council although they do put out the agenda and file it in a book. At the next meeting they approve the minutes of the previous meeting, then start all over again. This is no way to treat the council, I don't think.