Q&A: Removing a Board Member Without Cause

Q&A: Removing a Board Member Without Cause

Q We’ve noticed some irregularities lately in the way that our board conducts its business. Namely, we have some concerns about the financial viability of our association. Do the individual condo association board members and the board president have the legal right to remove a treasurer from their duties without due cause? Does the treasurer have a right to a hearing and a chance to defend themselves from any accusations?

—Worried in Wheeling

A “Almost every bylaw that I have seen authorizes the board to vote to elect or remove the officers,” says attorney Marshall N. Dickler, a principal at the Arlington Heights-based law firm of Dickler, Kahn, Slowikowski & Zavell, Ltd.

“There is no "cause requirement.” There is no right to a hearing or to prevent removal. Also, the board members elect officers pursuant to Section 18 (c)(d) and (e) of the Condominium Act. They can vote at any meeting of the board to remove an officer and replace that officer pursuant to Section 18 (c)(d) and (e) and pursuant to Section 18 (a) 13 and the Not-For-Profit Act. Cause is not needed.”

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