What is the difference between terminating for cause and without cause?
Most agreements offer both, and the practical difference is the notice period and the money. No-cause might require ninety days and an early termination fee; for-cause might allow thirty days and none. That gap is why Boards reach for cause — and why they should be careful about it.
Cause provisions almost always include a right to cure: written notice specifying the failure, then fifteen or thirty days for the company to fix it. Skip the notice, or terminate before the cure period runs, and the association is the party in breach. That converts a clean exit into a dispute.
Unless the conduct is serious and well documented, most Boards are better served by the no-cause route even at some cost. It is certain, it is quick, and it does not require proving anything. Where you genuinely have cause — missed statutory deadlines, unreconciled accounts, funds mishandled — document it contemporaneously in the minutes and get counsel involved before the notice goes out.
General information for Board members, not legal advice. State law and your governing documents control, and both vary.
More on the agreement
- What is an evergreen clause and should we accept one?
- How long should our management agreement run?
- Should the fee schedule be attached to the agreement?
- What is an indemnification clause and should we accept a one-way one?
- Can our management agreement be transferred if the company is sold?
- Should our management agreement name our specific manager?
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