Disqualifying a Board Member

October 2023

What happens when an elected condo board member sells their property, no longer has a vested interest in the community and chooses not to resign their elected role as a director?

Condo directors do not have authority to remove a board member.  Furthermore, it may be preferable that they remain a director to avoid risking loss of quorum.

Should there be a desire to remove a director from their elected position, start by checking the condominium’s governing documents. There may be a condition requiring board members to own property or have an ownership interest in the property.  If so, that individual may automatically be disqualified from serving as a board member.  Remaining board members may have authority to appoint someone for the remainder of the term or call an election.

In the absence of an automatic disqualification, that individual may continue to serve out the remainder of their term.  When it comes time for re-election, the position becomes available to anyone meeting the qualifications to serve as a director.