What constitutes “just cause” for removing a condo association trustee?
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What constitutes “just cause” for removing a condo association trustee?
I am a trustee/owner in a 12 unit condominium. We are 3 trustees total; 1 trustee has been on the board for over 10 years. Most, if not all, of the other unit owners would like him to step down as trustee. We have documented a myriad of reasons for why we would like him to step down. Our condo by-laws state that a trustee can be removed via special meeting for “cause”. Is there a standard definition of “cause” that we can refer to? I can’t find one in any documents or on the web.
Asked on June 19, 2012 under Real Estate Law, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically the recorded covenants, consditions and restrictions with respect to a planned unit development and a trustee/board for a HOA defines what "just cause" is for the possible removal of one of the elected officers.
If yours does not, "just cause" is a term use under the law where someone has been neglectful, apathetic, or has done wrongful conduct with respect to his or her appointed duties where for the benefit of the membership of the group being represented that person neeeds to be removed.
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