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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Due to personality conflicts,

Customer Question

Due to personality conflicts, two remaining trustees who had to "elect" the Board at our annual meeting chose not to reappoint me. I have served on the Board for seven years and an outspoken re: advocating for the Trust.
Other unit owners are irate and wish to do something to have me back on the Board. What options do they have? Petitions, etc. recall of the two trustees who did not reappoint? I re-upped for another term as did the Board Chair..he was reappointed.
If a petition is used and the three member Board refuse to acknowledge it, would such failure constitute "for cause' to recall two of the three? (Docs mandate minimum of three, maximum of seven Trustees)
My total experience is 15 years. I am adamant about following 183a and our condo documents for interest of the Trust. Hence, I challenge strongly non compliance with the rules. Equals: style and personality issues for which I was not reappointed.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Hi and thank you for your question. Please permit me to assist you with your concerns. If I may ask, was your position formally replaced by someone else? Was someone else appointed to this position? As for recalling the other members, other than not liking the person at that seat or position, have they committed some sort of a violation or transgression? Please advise.
Customer: replied 1 year ago.
No...open Board position was not filled. Lack of quorum at annual allowed "two" remaining Tr's to fill position. Current chair was reappointed...l was not after seven years on Board.. There was no recall...it was a non appointment of a current trustee with seven years current experience strictly based on my personality and style.' No reasons were given and the longest term trustee not reappointing has voted my appointtment every year since 2008 first as Tr.at Large and then in 2010 with full voting powers unanimously with six other trustees. As I challenge his "proclamations" he is upset so voted non appointment without reason or cause.I have requested twice documentation of how I might have breached rules or fiduciary and received none Unit owners are ready to act on my behalf
Customer: replied 1 year ago.
For the money I will be billed (other than the $5 deposit) I don't think I am receiving any information or advice. That saddens me. Under MA law the issue is quite clear....no quorum at the annual, two trustees make decision for 324 unit owners and for the first time, I am not reappointed after seven years of service (15 total as a Trustee).As noted, some unit owners who are aware are furious. The question: Is there any recourse for the unit owners. I have provided all owners who have inquired with my CV as Trustee. They are amazed even tho they know I am "total trust" with no personal interest in outcomes.There is a group prepared to do whatever to have me reinstated. What is their legal recourse?
Expert:  Dimitry Esquire replied 1 year ago.
Hello and thank you for your follow-up. My apologies but I was offline after waiting for a time for your response. I did not yet answer because I am not able to be available 24/7. If you wish I can respond and try to provide you with an answer but please be aware that your replies added far more information that was missing in the initial post, such as lack of quorum, which would likewise amend my answer. Please advise!
Customer: replied 1 year ago.
No....I will just stop with the five dollar deposit. The web site is so full of ads for "free trials" it is irritating to navigate. I have received no answer to my question ... either pro or con ... so do not believe it is worth my time or money to go further. You have all the facts you need to advise me. As unit owners are now taking action regarding the vindictive and petty non reappointment by two trustees....one of whom voted unanimously for my appoint 7 years ago and has voted for me to re-up every two years since, I will let the owners pursue the issue. They are aware of my ethics and integrity and how I work for the total 324 unit owners in the Trust.Thank you.

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