Director no longer competent

QOver the last year one of our fellow directors is having significant memory problems. This person cannot remember what was voted on or what decisions were made an hour after the meeting. We are not sure what we should do as this is becoming a very serious issue.

According to the Condominium Act a director cannot be mentally incompetent. What steps should be taken to help this person as well as carry out our duties as directors?

ANSWER: Unfortunately this type of situation will increase over the years due to the aging population. Some directors at the age of 85 years young can be just as bright and astute as the younger members of the board. However, others may not be so fortunate and will not realize they are suffering from some type of memory loss.

I would suggest that you and the other board members gently approach this director regarding this matter. Explain to him/her the changes that the other directors have observed regarding the memory loss. Inquire if they need any help or if it would be possible to speak to a close family member to help clarify this delicate situation.

After an indepth discussion the board may have to suggest that this director step down and voluntarily resign until a complete medical examination has been completed. This will confirm one way or another why these memory problems are occurring.

If the director in question refuses to acknowledge there is a problem, the alternative would be for the owners to requisition a special meeting. This meeting would be for the sole purpose of voting on the proposed removal of the director due to serious pending health issues that may impair the director’s judgment. Removing a director because of a significant memory loss is a very unfortunate situation, but sometimes there is no other choice. In less serious cases the board members may simply choose to allow the director to finish out his or her term on the board, with the director usually not being reelected.