Small Condo Governance Issues

R.G. from Litchfield County writes:

Dear Mister Condo,

We live in a three-unit condo. One unit is held in a Trust and the President resides in this unit along with his adult son. Our governing documents dictate that one person from each unit is the “director” and is allowed one vote. My spouse is the secretary and we are told by the President that, therefore, I am not allowed to vote, only my spouse is. My first question is does this right to vote change from meeting to meeting? Or does the same person always vote? The son, who is a resident only, conducts the meetings, directs the contractors, is rude at meetings and also makes impromptu decisions that everyone is afraid to challenge. My second question is what rights does he have as a resident? Can he speak up at meetings? Can he tell other unit owners what to do? How would one go about this situation without hiring an attorney? Our personal situation does not allow us to move, although it is an obvious solution.

Mister Condo replies:

R.G., smaller associations like yours have all of the same rules and regulations found inside their governing documents as larger associations have. Without hiring an attorney, you should give a good read to your documents and pay particular attention to rules on voting and representation at meetings. One vote per unit is common but many times any owner of a unit can speak, just not vote. If your wife is acting as Secretary and therefore a voting Board member, you may be limited to attendance only at these meetings as she is the voting party for your unit. Whatever the documents dictate is what should be followed. It shouldn’t change meeting to meeting although there may be times when a souse cannot attend so the other spouse would have the duty and ability to vote. The same is true for your directors. Do the governing documents dictate who can serve on the Board? Unit owners only? If so, the son cannot run the meetings or serve as President. If not, no harm, no foul. If you don’t challenge any of his decisions, guess what? He will keep making those decisions. Rudeness says more about him than you but that can be pretty annoying. If his momma didn’t teach him to be polite, there isn’t too much you or I can do to help him. I realize that hiring an attorney may seem too expensive and I don’t think that you will need to if you study your documents and arm yourself with information. Sometimes the threat of a lawsuit is as powerful as a lawsuit. If he does anything too outrageous, let him know you are consulting with an attorney to question his decisions. If that doesn’t get his attention, then it may be time to actually hire the attorney. Let’s hope it doesn’t come to that. Good luck!

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