No Elections Held for Years at this Condo!

P.A. from outside of Connecticut writes:

Dear Mister Condo,

What if no new elections have taken place for several years? Can board members just keep voting selves in?

Mister Condo replies:

P.A., unchallenged, a seated Board can do a lot of things, including behave outside the rules of governance for the association. Your documents clearly state how elections to the Board are held. Most require annual meetings of the shareholders (unit owners) at which time two very important things should happen. The adoption of the Annual Budget which sets out the common fee schedule and how the money will be spent throughout the year and the election of Board members are the two things that generally must happen. If there are no unit owners coming to these meetings and no unit owners looking to serve, guess what happens? The seated Board is free to do just about whatever they want because there is no one to stop them from continuing to serve on the Board. As long as the association’s bills are getting paid and no one is pushing back on the common fees it would appear as the other unit owners are content to let things be. This is an incredibly dangerous situation and a condominium association I couldn’t get out of fast enough but it does happen. When you purchase into a condominium association you are actually purchasing into a corporation. If you don’t care what happens to your investment you don’t have to pay attention to how the corporation is run. The same is true in a condominium. If you and your fellow unit owners are ready to challenge the sitting board, I would suggest you all attend the Annual Meeting this year and get ready to run for office. It is an unpaid, volunteer position but it is vital to the healthy running of the association. Even if you are not elected to serve, the fact that unit owners like you are paying attention may be all this Board needs to offer more transparency. Shame on any association member who doesn’t care enough about how the corporation is run to not pay attention to something as important as this. They will have no one to blame but themselves if the association is poorly run or money goes missing. Good luck!

2 thoughts on “No Elections Held for Years at this Condo!

    1. P.R., all common interest realty associations have governing documents and all states have corporation laws that apply to the associations. Without knowing the specific governing document of your HOA or LOA, I would say that it is very likely these election rules apply. If the governing documents are silent on the matter, you would turn to state law for an answer. Good luck!

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