Condo Media - June 2022 - 43

OWNER REMOVAL OF
BOARD MEMBERS
Section 3.03 of the Act, entitled,
Executive board members and
officers, states:
" (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. "
While the Act allows for removal
of a board member with a two-thirds
vote of those present at a meeting
at which a quorum is present, some
association by-laws may provide for
a smaller percentage in that circumstance,
such as a majority vote.
Any by-law provision that would require
a larger vote than is provided
for in 3.03(g) of the Act, however,
would likely not be enforceable.
When faced with a removal request
by the unit owners, the board
member(s) at issue should always
have prior notice of the removal
request and an opportunity to
speak to defend themselves against
the removal request prior to a vote.
While these are not requirements
in the Act, these are requirements
set forth in the amended version
of the Uniform Condominium
Act (UCA). Although Rhode Island
has adopted the UCA, which is
the basis of the Act, it has not
adopted the amendments to the
UCA. That being said, many things
set forth in the amendments, such
as the foregoing recommendations
on handling removal, however, represent
best practices and should be
used for guidance, if not in conflict
with the Act.
In sum, it is important for boards
to be familiar with the association's
bylaws regarding removal and to
implement best practices when faced
with a removal request from the unit
owners. When unhappy with a fellow
board member, boards must recognize
the difference between removing
a board member's office versus
removing a board member from the
board. Association boards should
understand what authority they
have, if any, and be careful not to go
overboard and exceed the board's
authority by unseating an individual
appointed by the unit owners.
■ MARY-JOY HOWES, ESQ.
IS A PARTNER IN LOMBARDI LAW
GROUP AND CO-CHAIR OF THE
CAI RHODE ISLAND LEGISLATIVE
ACTION COMMITTEE (RILAC).
MR G
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June 2022 CONDOMEDIA 43
Condo Media - June 2022

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