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Our favorite resident board member has been voted out by the sponsor because by their conflicts regarding our building. He did not consider the majority of votes from the owners and just wanted to get rid of him. The building is in an uproar and think that it was senseless to vote. Is there any recourse the owner can have to get him reinstated? What is the time frame that the board member has to step down after the election?
the sponsor holds the majority of the votes and during the elections he voted our board member out. out
How long has your building been a co-op? Is it brand-new? Or has the Sponsor held the majority of shares for years?
Agree w/Mark. Even if sponsor holds a majority, "voting out" a board member would have to take place at a properly noticed meeting open to all owners. If that's what happened--& unless your by-laws contain a specific provision reserving some board seats for election by non-sponsor members--it sounds like what the sponsor wants, the sponsor gets.
I'd be surprised if there is no such provision; sometimes they kick in to transfer control to owners after X years, regardless of remaining sponsor interests.
As for effective date, unless otherwise specified election results are effective immediately.
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Typically the bylaws only state the the board can strip a member of their officer position, not remove them from their seat entirely. The bylaws usually state that the majority of members at large can remove entirely.
If you're stating that the sponsor removed without majority vote of all shareholders, this may be contrary to the bylaws. If they hold a majority in the building's shares, you may want to run it by an attorney who specializes in coop condo law.
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