Tag Archives: Volunteer

Problems Galore for this Condo Owner

M.S. from outside of Connecticut writes:

Dear Mister Condo,

Where I live has had nothing but issues for years with the Home Owner’s Association and the Management Companies they’ve hired! We now have a new Management Company that is well-known and established, but it appears many things are still not being conducted financially correct for our Association! The last team we had was caught embezzling, that’s right both Home Owner’s Association Board Member and Management Company. They settled! But that didn’t help the problems of twenty years of disrepair! One said person that was on the “Home Owner’s is actually still on the board, and is a Broker! How he kept his license I’ll never know, but what gets me the most, do the homeowners think this person has changed his stripes? We also have a “Security Guard” that’s been here for over twenty-five years! Yes, the very same one! He doesn’t follow the by-laws, he knew all about the embezzlement, doesn’t do a thing to protect this property, but the residents that have lived here the longest feel a kinship to him!?#/! You want someone that’s trustable, dependable, reliable, most definitely follows the by-laws of the Association!  Our pools are to close at 11pm, open at 7am, that’s never happened in the 17 years that I’ve been here! If the Security even locks up at night, it’s somewhere after between 11:30 forward, and opens the gates anywhere after 2:00am through 3:30am! Depends on his last drive by. This Security Guard actually went almost a year without locking our pool’s!  I guess he wanted to see how long he could get away without doing anything! He’s still here! Don’t most Association change Security Company’s every, at least five years? We have 400 units… (Editor’s note, this question has been shortened) What can we do?

Mister Condo replies:

M.S., I am sorry that living in this community association has given rise to so many problems for you. I had to truncate your letter because it got far too specific with details and complaints that I couldn’t possibly address them all. Let me say this to try and give you some closure on what you have seen transpire and how you might better enjoy the experience moving forward. Volunteer leaders are democratically elected from within your very community to serve on the Board and conduct the business of the association as outlined in your community governance documents. They don’t always behave as you would like and you have the power to vote them out of office every year at your Annual Meeting. Wrongdoing, such as stealing or embezzlement is a special situation and it sounds like the association took proper action against the offenders. Agreeing to settle was their prerogative. Hiring a security company and maintaining the contract for many years is also their decision. Almost every complaint you had against the association came from you not agreeing with how they run the association. Unless other unit owners agree with you and elect different leaders, nothing will change. The management company works for the Board. Changing companies will not change the results. All communities are different by the nature of who lives there and who makes up the Board. If the Board where you live is lack in their duties and the association continues to return them to office, then it is fair to say that they are doing the business of the community as the community would like it. Have you ever run for the Board? Have you ever discussed the shortcomings of the Board to other unit owners to see if they share your concerns? That would be the only way to effect any change at your association. Short of that, your only other real option would be to sell and move into an association that has a reputation for stricter enforcement of its covenants. I think that would make you the happiest. Good luck!

Can Non-Owners Serve on the Board?

J.S. from New Haven County writes:

Dear Mister Condo,

May non-owners be directors of CT common interest communities? Our By-Laws require that only owners may serve as directors and several non-owner residents have expressed interest in serving on the Board.

Mister Condo replies:

J.S., it isn’t a question of State of Connecticut laws but, rather, the association’s by-laws that restrict who can serve on the Board. As you have stated, only owners may serve on the Board. Connecticut does not restrict who may serve on the Board as far as I know but your governance documents most certainly do. The non-owners should not be allowed to serve on the Board. All the best!

Conflicts of Interest Arise as Condo Board Member is Hired to Serve as Property Manager

B.B. from Fairfield County writes:

Dear Mister Condo,

Our condo manager is also a resident in our association. Is he permitted to serve on the condo board? Our condo board allows him to sit at their table and speak freely at the board meetings while making other residents wait until the end to speak. Aside from the obvious conflicts of interests, are there any laws/rules about this sort of thing?

Mister Condo replies:

B.B., I am not aware of any laws or rules that would prohibit a resident of your association from serving as the condo manager. Obviously, any unit owner can serve on the Board if elected. Unless your governing documents forbid it, there is no reason a unit owner could not be elected to the Board and also serve as the condo manager. Your point about the conflicts of interest is valid and any Board that decides to hire a unit owner, and especially a Board member, to serve as the Property Manager has to be extremely aware of the possible conflict of interest. I have written about this extensively in this website. You can read the previously addressed issues here: http://askmistercondo.com/?s=conflict+of+interest. In a world where it is not necessary to hire unit owners to work for the association, I contend that there are always better ways to find and hire a property manager that protects the association from these possible conflicts. That being said, I am now aware of any laws or rules that are being broken. All the best!

How Too Many Non-Resident Unit Owners in a Condo Association Changes Everything

E.C. from Litchfield County writes:

Dear Mister Condo,

The same people who established the condominium in which I live still control it. Though units were first sold in 1990, one of the developers maintains 15 of the 130 units. This block of condo units represents 15 votes, which when added to condo units controlled by their friends on the board, leads to a lot of apparent financial shenanigans and bullying of owners who simply want a little transparency. About 70% of the owners currently rent out their units, mainly because they hate the way this place is run. Those of us who are left living here cannot seem to oust the trouble-making board, nor win the support of the non-resident owners who are generally apathetic, now that they’re gone and have a paying tenant to cover their costs. Many resident owners, however, are either angry, stressed, depressed, chronically ill, demoralized, etc. as a direct result of feeling powerless to do anything about their maltreatment by the current board, which has both directly and indirectly ruled the roost since the beginning. This is one miserable place. We have turned to lawyers and they say get a petition together to call a special meeting and vote the board out. This is not possible, given the apathy of so many non-resident owners — many of whom also fear retaliation by certain board members and their property management company, which has been with them from the very start. The resident owners who really care about reform — and who have been suffering physical and emotional harm — have already been burned by one attorney who proved incompetent, so we are wondering if a class action lawsuit might be a viable avenue for us. We would let the attorney have all the winnings. We just want to see some justice done after all these years.

Mister Condo replies:

E.C., I am sorry for your situation. Associations that are largely under developer control even after the developer transition period is over can be tricky. Associations with large percentages of rental units come with their own problems. You have a double whammy at your association. Your best bet is increasing the numbers of resident owners who are willing to volunteer and serve on the Board if elected. As long as the resident owners are the minority, nothing will change, in my opinion. At their core, condo associations are democracies. The people with the most votes are the ones who govern the association. As long as those people are not resident owners, I don’t see much motivation for them to change how they govern. You indicate that this behavior has been going on for years. If it were me, I would have sold my unit by now. Unless you see the pendulum swinging towards more resident owners, I would encourage you and anyone else who is unhappy there to consider moving out. You can contact an attorney to see if you have a case but I haven’t heard of anything you’ve mentioned as being a valid reason for a lawsuit. Please keep in mind that I am not an attorney so my advice is strictly friendly. For a legal opinion, you will need to seek out the services of an attorney who could better guide you legally. Good luck!

This Condo Has it All! Renters, Roaches, Broken Trash Chutes…

S.M. from Miami writes:

Dear Mister Condo,

I live in a condo in Miami and we have the most incompetent Board. The building is self-managed and we currently are under a lot of problems, like roach infestation, water leaks, building trash chute compartment broken and trash coming out of the compartment. The building runs more like an AirBnB. The rental ratio is at 61% and we have no support since there’s so many investors. Please advise, I have approached the Florida Department but they don’t intervene in situations like this.

Mister Condo replies:

S.M., it sounds like your association has really gotten away from what unit owners like you were expecting. Whether the Board is incompetent or not, without rental caps (the percentage of units allowed to be rented at any given time), I am not surprised to hear of so many rental units being used in AirBnB fashion. First things first. The Association is governed by volunteer leaders elected by the membership. If these leaders aren’t making sure that the problems are being addressed (water leaks, roaches, broken trash chutes) then it is time to elect new leaders. You may be able to bring suit against the association for not maintaining itself but that can be costly and still not yield any real results. If it were me, I would consider running for the Board myself on a platform of restoring the association to good working order. If that seems unreasonable, I would consider selling. It seems there is no shortage of investors looking to purchase into this association. I would look carefully at the next association I purchased into. Hopefully, the percentage of investment units would be far lower and the Board would do a better job of maintaining the common elements. Good luck!

Should Condo Owner Get Paid for Condo Gardening?

G.W. from outside of Connecticut writes:

Dear Mister Condo,

Can you volunteer to do gardening at a condo without pay?

Mister Condo replies:

G.W., the very nature of volunteering indicates that there will be no pay. If pay is offered, it is employment, not volunteerism. Typically speaking, it is bad policy to hire condo residents to work for the association. Why? Because it leads to question of impropriety, favoritism, unfairness, and so on. Many associations have Gardening Committees where the committee members routinely donate their time to maintain the association’s greenery and gardens. If the work is extensive enough that it requires paid workers to manage, it is time to have the Board hire a caretaker. That way the work gets done by a licensed and insured professional, guaranteeing no claims of impropriety and offering the association the peace of mind in knowing they are insured in the event of injury. All the best!

Condo Board Member Education Expense

C.L. from Hartford County writes:

Dear Mister Condo,

Can the association pay for a class or course upfront for a board member instead of the board member paying for the course first and then getting reimbursed?

Mister Condo replies:

C.L., I don’t see how it matters. Either way, the association is paying for the course. Unless your documents forbid the association from paying for such items upfront (most unusual), the Board Member can have the association either pay up front or reimburse them for the class or course. I am glad they are getting training! All the best!

Must Board Members Attend Condo Special Meeting Called by Unit Owners?

F.C. from New Haven, County writes:

Dear Mister Condo,

When members hold a special meeting, can they make decisions that override Board, cause Board to do things they do not believe are in best interests of association? What happens if a special meeting is called and no Board members attend?

Mister Condo replies:

F.C., without seeing your community association governance documents first-hand, I can only offer you an overview of what could be going on here. The situation you describe is uncommon. Most associations are governed by their elected Board of Directors. If the Board isn’t doing their job to the satisfaction of unit owners, they are typically voted out of office and replaced with more popular candidates. It sounds to me like you have a group of unit owners who are trying to completely circumvent the Board by holding their own meetings. While there are protocols that allow them to do so, they need to follow the rules for calling a special meeting of unit owners. Typically, those meetings are for very specific purposes, including recalling Board members and electing new Board members to serve in their place. There is no requirement for sitting Board members to attend a special meeting called by unit owners but there may be no grounds for a group of unit owners to call a special meeting and take actions that are beyond the scope of the special meeting. My advice is to remove and replace the seated Board members, either by special meeting as outlined in the association’s governance documents or at the next election. You might also want to consult with an attorney who specializes in community association law to make sure the incoming Board does not make any legal blunders that could lead to lawsuits. Unit owners may want new leadership but there are rules they need to follow. The condo’s governance documents and your local state law will instruct the right way to do so. Good luck!

Former Condo Board President Feeling Threatened by New President

W.R. from New Haven County writes:

Dear Mister Condo,

I been having serious issues with the new president and other board members since I stepped down a year ago. This position went to the new president’s head to the point where she put all my neighbor’s business out in the community and when my neighbor addressed her via email she then called the management company to tell them she felt threatened by her. Then we were going back and forth via email about some of the bylaws & rules and as well as rumors that she was talking trash about me, she turned around and falsely accused me of threatening her and called the cops. The officers could not find any evidence of me doing that. Life for me has never been the same since. She doesn’t like to be told what to do and put my personal business concerning my email address in an email that went out to the entire community instead of addressing me only. How do I have her removed or handle this? Can I file a harassment charge against her and the board?

Mister Condo replies:

W.R., I am sorry for your troubles. As you know, I am not an attorney nor do I offer any legal advice in this column. If you are serious about filing charges against the President or the association, I think you should speak with an attorney to see if you have a case. As far as having her or any other Board member removed from office, you need only to vote them out at the next opportunity. Board members are democratically elected by all unit owners. If they aren’t serving the needs of the community, there is no need to return them to office. Of course, that means you will need to have other candidates willing and able to serve. You say that you just stepped down. You know what the commitment to serve is like. Perhaps you should run again or encourage a fellow unit owner to run. If you don’t replace these folks, you will very likely get more of the same. If they violate the rules of governance for your association, you can take action. Again, this may require the services of an attorney. I hope it doesn’t come to that. All the best!

Who Wins Tied Election Between a Condo Owner and a Board Member?

S.F. from New Jersey writes:

Dear Mister Condo,

According to the NJ Condo act, who wins an election between a condo owner and a Board member if there is a tie?

Mister Condo replies:

S.F., I am not sure that the New Jersey Condo Act addresses such an issue. Typically, the association’s governance documents spell out how elections are handled. They may or may not address what happens when there is a tie between eligible candidates. Absent that, it is likely a matter to be decided by the association or its Board as the elected representatives of the association. I am curious as to the distinction you are trying to make between “a condo owner and a Board member”. If the association allows for Board members that are not condo owners to serve on the Board, there may be no distinction. Typically, associations are governed by their own unit owners as they have a vested interest in the success of the property. Again, look to your governing documents to see what they say. If they are silent, as I suspect they are, it may be time to amend them to address this unusual situation. Good luck!