Q&A: Removal Without Cause

Q Does the individual condo association board members and president have the legal  right to remove a treasurer from duties without due cause and deny a chance for  rebuttal?"  

 —Procedural Proponent  

A “Almost every bylaw that I have seen authorizes the board to vote to elect or  remove the officers,” says attorney Marshall Dickler, a principal at the Arlington Heights-based firm  of Dickler, Kahn, Slowikowski & Zavell, Ltd., “There is no "cause requirement." There is no right to a hearing or to prevent  removal. Also, the board members elect officers pursuant to Section 18 (c)(d)  and (e) of the Condominium Act. They can vote at any meeting of the board to  remove an officer and replace that officer pursuant to Section 18 (c)(d) and  (e) and pursuant to Section 18 (a) 13 and the Not-For-Profit Act. Cause is not  needed.”    

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