What actions can be taken if the Treasurer of our condo associationis not depositing assesment checks and is avoiding the President’s phone calls?

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What actions can be taken if the Treasurer of our condo associationis not depositing assesment checks and is avoiding the President’s phone calls?

I am President of the condo association and our Treasurer has not deposited any association fee checks for the last 4 months. He is now avoiding my attempts to contact him. What actions can I take to remove him from this position and what legal rights do I have to do so?

Asked on December 22, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well you need to read the by-laws of your condo association and see what they say about your rights and obligations as the president.  I am going to assume that the by-laws give you the right to bring an action against another board member that is breaching their fiduciary duty tot he condo association but you may need to hold a meeting and take a vote and/or have some other of the board members backing you on this. You may need to convene the board and ask him in a formal meeting with someone taking minutes about what is going on.   I do not know.  But I am sure that an attorney who deals in condo rights can help you.  Good luck.


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