Dear Paul: We are a board of five and are dealing with a truly obnoxious, know it all, board member who seems to have a vendetta for anyone who doesn’t agree with him. Can four of us vote him out? Any advice would be appreciated.
Dear K: I am sorry to hear that one of your board members does not seem to have the best interest of the board at heart. While debate can be healthy it must be done with respect for others’ views and a spirit of cooperation for the welfare of the community.
Board members cannot vote another board member off, as you suggest. The manner in which this individual can be removed is for unit owners not to vote for him when he comes up for re-election. The other way is for unit owners to request a special meeting to make the case for the removal of the offending director. Unless your governing documents provide for a different process, a special meeting may be called by 25% of the ownership. You would need a quorum for the meeting to be valid and if the majority present at the meeting are in favour of removing the director, he is no longer a director. It is recommended that you would also be voting for his replacement. Notice of the special meeting must comply with the provisions of the Act.
In order to make your case to the ownership, you will need to present examples of his behaviour and how it is affecting the board and the community. The examples have to be supported by objective evidence and not based on emotions. Good luck!