How can one successfully and legally remove itself as managing agent from an association that has no board and no one willing to commit to being on the board? The main concern is liability to the mana

Without a board the association's authority and power to conduct business comes to a stop. The managing agent may attempt to solve the "apathy" problem by stressing the possible ramifications of no board, such as the association ending up in receivership (a court-appointed person paying bills, but not concerned with promoting the community and preserving property values.) To legally remove itself, however, the managing agent must look to and follow the termination provision of its management contract. The contract may allow termination for cause only, with or without cause, termination according to a specific procedure (i.e., written notice, specific timeframes, etc). Terminating in a manner contrary to the management contract could result in liability.

Community Essentials - September 2004