Removing Condominium Association Board Members

Removing Condominium Association Board Members

Bob Dailey McGrath, North, Mullin & Kratz 1602 Dodge Street, #3700 Omaha, NE 68102 rdailey@mcgrathnorth.com (402) 633-6899



Removing Condominium Association Board Members

How can condominium unit owners, who are not members of the Board of Directors of the Condominium Association, remove Board members? Pursuant to Section 76–861(g) of the Nebraska statutory code, the condominium unit owners themselves can remove Board members. This makes sense since the condominium unit owners initially elected the Board members.

This must be accomplished by a vote of 2/3s of the condominium owners that are actually present at any meeting of the condominium unit owners. Remember, this has to be at a meeting of the condominium unit owners, and at that meeting there has to be a “quorum” present (“quorum” is defined below).

Condominium Association meetings, that is, a meeting of all condominium unit owners, must be held at least once per year. Section 76–866 of the Nebraska statutory code. But a special meeting of the entire Condominium Association may be called by the President of the Condominium Association or a majority of Board members or by condominium unit owners representing 20% of the votes of the Condominium Association.

What is meant by “quorum”? A quorum is considered present at any meeting of the entire Condominium Association (that is, unit owners) if persons entitled to cast 20% of the votes which may be cast for election of the Board of Directors are present (in person or by proxy). Therefore, you are only going to have to have 20% the condominium owners at an Association meeting to vote on removing a Director. This 20% number might be modified by your bylaws, so it is important to review the bylaws.

To recap: To recall a Board member, you have to have a special meeting of the Condominium Association called by unit owners having at least 20% of the votes of the Association (unless the annual meeting is already going to occur). At that meeting you have to have a “quorum” present. And at that meeting, you will need a recall vote from 2/3s of the condominium unit owners that are actually present at the meeting. Usually very few people actually attend unit owner meetings. Therefore, it is not that difficult for a small, but dedicated, group to recall a Board member.

The information in this legal guide is for educational purposes only.  It is not legal advice or a substitute for legal advice by a lawyer.  If you want legal advice, you should contact a lawyer licensed to practice law in Nebraska.

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