How to Remove a Condo Trustee in Massachusetts

There are two ways to remove a condo trustee in Massachusetts: a vote of the unit owners following the procedure in your association’s bylaws, or, in serious cases, a court order. The vote is the normal route — call a special meeting, give proper notice, hold the vote, and record a certificate reflecting the change at the Registry of Deeds, which is what makes the removal legally effective under M.G.L. c. 183A, §8.

The short answer

A condominium trustee (board member) serves under M.G.L. c. 183A and your association’s master deed and bylaws. Those governing documents — not the statute alone — set the exact removal procedure: how many owners must call a meeting, how much notice is required, and what percentage of the beneficial interest must vote to remove. Start by reading your bylaws before doing anything else.

Route 1 — Removal by a vote of the unit owners

1. Read the bylaws. Find the section on removing trustees. It will state who can call a special meeting, the notice period, and the vote threshold. Most Massachusetts trusts require an affirmative vote of 51% of the beneficial interest (in person or by proxy), and specify whether removal must be with or without cause — but yours may differ, so go by your own documents.
2. Call a special meeting. Follow the notice rules exactly — wrong or short notice is the most common way a removal vote gets challenged. State the purpose (removal) in the notice.
3. Give the trustee a chance to be heard. Good-faith process protects the vote. Courts are reluctant to overturn a removal where the board and owners acted in good faith and gave a reasonable opportunity for a meeting and to be heard.
4. Hold the vote. Meet the threshold your bylaws require and document the result in the minutes.
5. Record the change. Under M.G.L. c. 183A, §8, a certificate reflecting the change in trustees, signed and acknowledged by a trustee of record or by the unit owners’ vote, must be recorded at the Registry of Deeds. The removal becomes effective on recording, so this step is not optional.

Route 2 — Removal by the court

If a vote isn’t possible — the trustee controls the votes, or the harm is serious — unit owners can ask a court to remove a trustee. Massachusetts courts can remove trustees who have a conflict of interest, have violated the law, or have breached their fiduciary duty by failing to act in the association’s best interest. This is slower and means hiring a condominium attorney, but it is the remedy when the normal process is blocked.

Before you start

Removing a trustee is governed by your specific documents, and a procedural misstep can void the whole effort. For anything contested, have a Massachusetts condominium attorney review your bylaws and the notice before you act. If the underlying problem is a board that is overwhelmed rather than acting in bad faith, professional management often solves it without a removal fight.

Related reading: what a condo trustee is actually responsible for, and condo & HOA management in Boston.

Frequently asked questions

Can unit owners remove a condo trustee in Massachusetts?

Yes. Unit owners can remove a trustee by following the removal procedure in the association’s bylaws — usually calling a properly noticed special meeting and voting to remove by the required threshold (commonly 51% of the beneficial interest). Under M.G.L. c. 183A, §8 the change must then be recorded at the Registry of Deeds to take effect.

What vote is needed to remove a trustee?

It is set by your bylaws, not by a single statewide number. Many associations require a majority of the beneficial interest, but check your own documents for the exact threshold and notice rules.

Can a court remove a condo trustee?

Yes. Massachusetts courts can remove a trustee for a conflict of interest, a legal violation, or a breach of fiduciary duty. It is used when a normal owner vote is blocked or the harm is serious.

Do we need a lawyer to remove a trustee?

Not always for a clean, uncontested vote, but strongly recommended for anything contested. A procedural mistake in notice or voting can invalidate the removal.