cfrankwolfe Posted March 23, 2015 at 10:03 PM Report Share Posted March 23, 2015 at 10:03 PM I hope this is a unique question. One of our Board members was recently convicted of two felony counts and is awaiting sentencing. He refuses to step down saying his personal life has nothing to do with the great job he is doing on the Board. Our By-laws say the only qualification to be on the Board is to be a condo owner.The insurance company says it's not a problem, they will still insure him. (I know, hard to believe.) We can remove him if he misses three months of meetings, but are afraid he may get weekend jail time. (I guess we could move the monthly meetings to weekends) (And no, we are not going have teleconferencing from his jail cell). We can remove by a special meeting, without cause, but last year we barely made quorum for the annual, so getting 100% of quorum to vote yes, is not realistic. Having a trial using RONR is a complicated process, so looking for advise on any thoughts on other moves we could make beside a trial, or if you believe trial is the only way. Also, it is not clear to me in RONR that expulsion is an option for an AOAO, so what is the point of a trial? His presence on the Board has certainly tarnished our reputation so, your thoughts are much appreciated. Frank Link to comment Share on other sites More sharing options...
Edgar Guest Posted March 23, 2015 at 10:09 PM Report Share Posted March 23, 2015 at 10:09 PM . . . your thoughts are much appreciated. What's an AOAO? Link to comment Share on other sites More sharing options...
Josh Martin Posted March 23, 2015 at 10:13 PM Report Share Posted March 23, 2015 at 10:13 PM I hope this is a unique question. One of our Board members was recently convicted of two felony counts and is awaiting sentencing.He refuses to step down saying his personal life has nothing to do with the great job he is doing on the Board. Our By-laws say the only qualification to be on the Board is to be a condo owner.The insurance company says it's not a problem, they will still insure him. (I know, hard to believe.)We can remove him if he misses three months of meetings, but are afraid he may get weekend jail time. (I guess we could move the monthly meetings to weekends) (And no, we are not going have teleconferencing from his jail cell). We can remove by a special meeting, without cause, but last year we barely made quorum for the annual, so getting 100% of quorum to vote yes, is not realistic.Having a trial using RONR is a complicated process, so looking for advise on any thoughts on other moves we could make beside a trial, or if you believe trial is the only way.Also, it is not clear to me in RONR that expulsion is an option for an AOAO, so what is the point of a trial?His presence on the Board has certainly tarnished our reputation so, your thoughts are much appreciated.I'm not sure that what RONR says about discipline is applicable. It appears that your bylaws have their own rules for discipline, so you will have to follow those rules. See FAQ #20, paying particular attention to the last sentence.I don't know what "AOAO" stands for, but since this seems to be some sort of condo association, I agree that expulsion is probably not an option. Link to comment Share on other sites More sharing options...
cfrankwolfe Posted March 24, 2015 at 03:55 AM Author Report Share Posted March 24, 2015 at 03:55 AM Yes, sorry AOAO is Association of Apartment Owners, a condo. Similar to HOA, home owners association. Thank you for your comments. I will read the section you suggested. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 24, 2015 at 11:09 AM Report Share Posted March 24, 2015 at 11:09 AM The suggestion was that you look at one of the FAQ's (a link to it was provided in post #3). After you have done so, and looked at your bylaws a bit more carefully, if any further questions remain come on back and ask them. You say that "We can remove by a special meeting, without cause, but last year we barely made quorum for the annual, so getting 100% of quorum to vote yes, is not realistic." I really don't know what you mean by this; it must relate to something you find in your own rules which you haven't provided. As previously noted, your own rules will take precedence over any of the rules in RONR with which they conflict. The fact that expulsion from membership may not be an option is irrelevant if all that you want to do is remove a board member from the board. Also irrelevant is any information concerning why you want to remove him from the board (all this felony stuff). The rules in RONR deal with how to go about removing someone from office, and not with what does or does not constitute sufficient cause for doing so. Link to comment Share on other sites More sharing options...
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