Removing Condominium Association Board Members In Omaha


by Robert Dailey

rdailey@mcgrathnorth.com
(402) 341-3070

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

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

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

What is meant by “quorum”? A quorum is considered present at any meeting of the entire 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 owners at an Association meeting to vote on removing a Director. This 20% number might be modified by your bylaws.

To recap: To recall a Board member, you have to have a special meeting of the 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 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.

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