Tag Archives: Voting

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!

How Many Condo Meeting Proxy Votes Can One Person Have?

B.S. from outside of Connecticut writes:

Dear Mister Condo,

How many proxy votes can one person vote?

Mister Condo replies:

B.S., proxy votes are quite common and many associations rely on folks voting by proxy in order for the association to conduct its business. That being said, every association is subject to its own rules on proxy voting as well as any state laws that outline the rules for proxy voting. Without seeing you governance documents, I can’t give you a useful answer as to the exact procedures at your association. You will need to review the documents to see what it says about proxy voting. Additionally, I can’t tell you what your state laws may or may not say on the subject, so you may need to consult with an attorney who specializes in community association law in your state for an opinion on what the state laws say about proxy voting in your state. I have answered a similar question for another reader and I include a bit on how it works in my home state of Connecticut. You can read more about it here: http://askmistercondo.com/how-many-condo-proxy-votes-can-one-person-make/

All the best!

Condo Unit Owner of Record has the Voting Privileges

L.S. from New Haven writes:

Dear Mister Condo,

When a unit owner turns ownership of their unit to a son or daughter but still lives there with life use. Who gets to vote on budgets or elections for that unit, the owner or the person still living there under life use?

Mister Condo replies:

L.S., typically the unit owner is the one who holds the power to vote. You need to look at the association’s governance documents for further qualification but most would state that the vote is assigned to the unit owner of record. It is also possible for the unit owner (son or daughter, in this case) to give proxy to the resident to vote. It is really at the discretion of the unit owner of record at the time any vote is taken. 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!

Validity of Condo Proxy Vote Process Questioned

J.B. from outside of Connecticut writes:

Dear Mister Condo,

I received a proxy for election of the condo board. Seven positions. Eight names with no blank spaces. Seven for re-election. One new. In a conversation with a current board member she told me that the eighth name did not want to be on the board, but a different person did. Asked the management company, without success, how members are elected? Simple majority? A percentage needed? Quorum needed? What happens to the votes cast by proxy of the owner not wishing to be on the board? Does this not disenfranchise the owner wishing to run? Answer I received “You can cast your vote anyway you wish”. Is this proxy election valid?

Mister Condo replies:

J.B., without knowing the rules for proxy voting for your state and how your declaration, covenant, rules and regulations read, I can’t give you a definitive answer. Proxies are handled differently and can vary from association to association. I will say that the spirit of the proxy looks to be intact. It is up to you to look up your association’s rules on proxy voting to see if the rules were followed. Typically, candidates are either nominated or self-nominated in advance of the Annual Meeting where the election vote is held. A nominated candidate who wishes not to server can most certainly remove themselves from the ballot. If there were no other properly nominated candidates, it would follow that there would be a vacant slot for the seat running without a nominated candidate. It would also follow that you could write in whoever you would like although there is no guarantee that your write-in candidate would win or even choose to serve if elected. Typically, the elected Board members have the right to appoint a director to fill a vacancy until the next election. Whether or not the proxy is valid may be moot if there were only seven candidates for eight offices. I would encourage any interested candidates to let their intention be known to the Board and that they run for office during the next election cycle. All the best!

Condo Unit Owners Sluggish to Return New CC&R Ballots

J.G. from outside of Connecticut writes:

Dear Mister Condo,

We drafted new CC&Rs and mailed ballots to owners late last year, but we’ve only received 51% of the ballots, which the management company can’t even open until we reach 67%, and even then, we don’t want to open them because once we do, we can’t count ballots that continue to arrive, plus because we need 67% in favor to pass, it’d have to be unanimous if we started counting. So, we really need more like 85% or greater ballots. We’ve sent out additional letters and ballots using different wording, short and long, but only coaxed one more ballot back. Our management company said some other HOAs try enticements to vote, like a free $15 certificate at a store or ice cream, etc.  What enticements or wording have you seen work to get reluctant owners to vote?

Mister Condo replies:

J.G., how sad is it that we have to entice unit owners to avail themselves of their right to vote on something as important as an amendment to their CC&Rs? I am not familiar with your provision that once you start opening any ballots that you cannot continue to collect and open more. I have never heard of that before. Kindly check with your association attorney to make sure you fully understand the ballot process. Typically, you can review and keep track of where you are as you go along. That should help speed up the process significantly and let the Board know exactly how many more ballots they need to achieve the acceptable 67% quorum needed to ratify the CC&R change. That being said, there really aren’t any reasons you couldn’t encourage unit owners to submit their ballots. I am not a fan of gift cards but community get-togethers can be quite effective and offer all community members a chance to socialize. You could bring in a local politician or celebrity to encourage attendance. You could certainly offer food or entertainment at the event. As long as you aren’t in violation of your governance documents, the sky is the limit. The good news is that you shouldn’t have to do this again any time soon. CC&Rs aren’t rewritten very often. Hopefully, this is a “one and done” event for the Board. 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!

Board Cites “Attorney/Client” Privilege in Questionable Condo Document Amendments

E.C. from outside of Connecticut writes:

Dear Mister Condo,

Our Board of Directors are amending our documents without the required 75% of the membership. I was told that two legal opinions were obtained by the BOD stating they have the right to do so. When I requested a copy of the legal opinions, the Management Company said they were invoking Attorney/Client privilege and I was refused. I am an owner of this Corporation and believe these opinions were obtained and probably paid for with my money. Should I be entitled to see these documents?

Mister Condo replies:

E.C., the short answer is “yes” but there are certain caveats in place to protect the Board. In other words, they have the right to withhold the documents during the period in question. I doubt it has anything to do with “attorney/client” privilege as much as it is an action they are taking as an Executive Board, which your governance documents likely give them the ability to do. Either way, if your documents or state law don’t allow them to amend your documents without a 75% vote, these amendments can and should be challenged by you or any other member of the association. You will want your own legal opinion, if necessary. Also, and more importantly, feel free to vote these folks out of office at your earliest convenience. Amending documents should not be done secretly, covertly, or improperly. Regardless of “legal opinion”, the will of the unit owners needs to be respected. These folks were elected to serve, not clandestinely revise the amendments to the association. I would interfere loudly with their plans and then prepare to vote new Board members in to office who will do a better job serving the will of the people. It may very well be that your association needs to revise its bylaws. Holding a meeting and involving the majority of unit owners as outlined in your governing documents is the way to do so. Good luck!