May 24, 2011
Common Ground
Q. What can a master association do when one of its subassociations is clearly unruly and has a destructive board? Can the master association step in to restore order and remove the subassociation board? Mitchellville, MD.
A. As with many specific questions involving two separate and distinct community associations, the topic is not addressed by statute and is generally controlled by the individual documents. Moreover, the relationship between subassociations and master associations vary drastically. However, in answer to your inquiry, the master association cannot generally remove the subassociation’s board and its ability to restore “order” is quite limited. The members of a subassociation are subject to two sets of governing documents--one for the master association and one for the subassociation. Typically, the governing documents are consistent and so are the restructions. Many communities create an executive committee of the master and subassociations to address their various needs. Regardless of their lives or activities, these associations are partners and need to live adjacent to one another. The removal of a subassociation’s board by a master association is a drastic remedy and, absent the court imposing an extraordinary remedy of appointing a trustee, it is not going to happen.
Subassociation owners and board members need to be cognizant of both their documents and master association documents. The master association's governing documents can be enforced against all members of the association, which obviously includes the subassociations. Accordingly, the master association can take affirmative action to address the nuisance or other bad action that violates the master association’s governing documents. An unruly or destructive subassociation may or may not constitute a violation of the master association’s governing documents. Prior to taking any formal or legal action, the board should consider some form of communication with the subassociation board. There might be a workable solution even in an informal sit-down meeting.
This article originally appeared in the May/June 2011 edition of Common Ground, the Community Association Institutes's magazine for community association leaders.
Jeff Van Grack, the founder and co-chair of the Lerch, Early & Brewer Community Associations group, represents community and homeowners associations, condominiums and co-operatives. He also provides robust defense to HOA board members, property managers and insurance companies in litigation and appellate work. For more information about master associations and subassociations, contact Jeff at (301) 657-0159 or jvangrack@lerchearly.com.
