Tag Archives: Voting

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!

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!

Condo Board Keeping Election Results Private

V.M. from outside of Connecticut writes:

Dear Mister Condo,

Voting for three trustee positions with four individuals seeking a position was done primarily via proxy ballot. At the annual meeting, a quorum was not achieved. Some unit owners believe we have an obligation to post the results of the ballot count even though there was no quorum. What is your opinion?

Mister Condo replies:

V.M., results of any vote, proxy or other, are association records. As such, all unit owners have a right to see the results. However, allowing access to records and posting the results are two different things. I would say that any unit owner who wishes to see the results should request the record inspection. The association may or may not charge a small fee for the record inspection as detailed on your state law. My advice would be to always keep communication channels open between unit owners and the Board so as not to give the appearance of impropriety. An informed constituency is generally happier than one that is kept in the dark.

The lack of quorum at your Annual Meeting has no effect on this but it does bear the question of why proxy voting is required and why unit owners are not attending the Annual Meeting. This is common in seasonal properties (i.e. beach communities where owners may not be present year-round) but uncommon in associations where unit owners are typically at home. If the reason for no quorum is unit owner apathy, the unit owners have no one to blame but themselves. As long as the Board has nothing to hide, I would publish the results of the vote just to keep everyone happy and informed. All the best!

How Many Condo Proxy Votes Can One Person Make?

J.R. from outside of Connecticut writes:

Dear Mister Condo,

How many proxy votes can one person control and place?

Mister Condo replies:

J.R., voting by proxy is a common practice. The rules that govern how many proxy votes that a single person can control vary by governing documents (many are silent on the subject) and state laws. In my state of Connecticut, proxy votes are generally limited to not more than 15% of the total eligible votes for most matters. That means that if an association has 100 units, the proxy voter could cast votes for their own unit plus 14 others. Any additional proxy votes they held would not be counted. There is also the concept of limited proxy voting, meaning a unit owner has given another unit owner a proxy for a particular item. This is most common for things like voting in favor or against an Annual Budget or a Special Assessment. The single most important item to consider when proxy votes are used is that the person or persons counting the proxy votes understands both the association’s rules on proxy voting as well as the state laws on proxy voting. I have seen and heard first-hand accounts of associations that get this wrong and later have a unit owner contest the results of a vote. Depending on what is being voted on, this could be quite costly to the association. Imagine passing a Special Assessment and the proxy votes were tabulated incorrectly. The association hires a contractor only to have the vote challenged and thrown away. Now the association is on the hook to the contactor and won’t have the money to pay. Yikes! If you or your association is unsure about the exact process for how proxy votes should be used at your association, I recommend you speak with a locally qualified community association attorney who can give you an opinion on what your governance documents and state law say about the matter. That way, you will be in full compliance with both. Good luck!

Condo President Refuses to Relinquish Association Checkbook

T.C. from New Haven County writes:

Dear Mister Condo,

We recently changed management companies because they violated CT laws. Our President dragged his foot for 4 months before receiving a letter from the state ordering us to change companies. He was given the check book until we found a company. We found a company and he refuses to turn over the check book. Is this legal?

Mister Condo replies:

T.C., I am not an attorney and offer no legal opinions here. If you are asking me what I think of the President holding on to the checkbook and refusing to turn it over to the management company, I would say that is not a very friendly gesture and not stepping off on the right foot with the new management company. Is it criminal? Not in my book but it isn’t very sportsmanlike either. The great news is that your Board President can be voted out of office at the next Annual Meeting. Why don’t you and a group of like-minded unit owners volunteer to serve on the Board? That way, after you are elected, you can determine who will hold the various offices of the Board. If, on the other hand, the Board President has held the checkbook because there is evidence of missing money or such in there, and he has done something criminal, it is time to call the police. Stealing from the association is a crime. Work with your new management company to see what, if any, wrongdoing has occurred. If there is no harm, there is no foul. Either way, it sounds like it is time for a Board President who will act in the best interest of the association. Good luck!

Condo Board Dictates Condo Parking Lot Rules

T.P. from outside of Connecticut writes:

Dear Mister Condo,

Our condo bylaws include parameters for parking clearly aimed at owners. The HOA passed a rule stating that owners cannot use the parking spaces (the units have garages). Can HOA rules override bylaws? If so, what is legally required for them to do so?

Mister Condo replies:

T.P., the Board controls the common elements. Parking lots are common elements so the Board controls their use and can place whatever restrictions upon them that they see fit. The good news is that you control who gets to serve on the Board through democratic vote. If you and your fellow unit owners don’t like the parking lot rules, vote out the rule-makers and replace them with Board members who see it your way. That is the beautiful part of having democratically elected members of your Board. All the best!

Condo Board Members Vote by Email; Changes Vote After the Fact

D.L. from Fairfield County writes:

Dear Mister Condo,

Dear Mr. Condo – I am a unit owner in a 26-unit condominium. The Board of Directors voted unanimously via email to hire a contractor to perform emergency work due to the flooding of a unit by a renter.

Approximately two (2) days after the vote the Secretary notified the Management Company and the Board that she was changing her vote after speaking to the homeowner whose renter caused the water damage, as his contractor was the one not agreed to be hired.

As a result of the vote change, the President, one of only three (3) directors resigned and there are only two (2) directors (less than a quorum) remaining on the board.

I have the following three (3) questions:

1. Does the original internet vote stand?

2. The annual meeting is coming up on June 21st. Can that meeting take place without a quorum?

3. If the annual meeting cannot take place due to the lack of a quorum, what is the process by which the unit owners can call a meeting to elect a new board and adopt the annual budget?

Mister Condo replies:

D.L., Wow! You have a lot if issues at your condo, don’t you? If the internet vote was legal, meaning the association has allowed for the Board to vote by email, then the vote was valid. Unless your by-laws allow for Board members to change their vote after the fact (highly unlikely) then the vote should have stood, regardless of who resigned after the vote. That being said, there is the issue of practicality and what can actually be done now that the Board has fallen apart. The concept of quorum is an important one and you need to look at your governing documents and state law to determine when a quorum is achieved and what happens when the quorum is not achieved. Keep in mind that a quorum for an Annual Meeting is far different than a quorum for a Board meeting. As long as you achieve quorum at your Annual Meeting, you can simply elect new Board Members to fill the vacancies. With only 26 units, you have the added challenge of finding interested candidates. If quorum is not achieved, typically the previous year’s budget continues in place until next year’s Annual Meeting. The remaining Board members typically have the power to appoint directors to fill vacancies if warranted. If there is no quorum requirement for the Board, the existing members can serve out their terms and run for reelection when the time comes. Your question demonstrates some of the challenges faced by smaller associations. You have the same need for volunteers to serve on your Board but a much smaller pool of unit owners to choose from. I hope that you and few of your well-meaning neighbors will consider running for the Board at your next election. If it cannot wait until then, your condo documents very likely spell out the rules for calling a Special Meeting of Unit Owners. This is not that common but it can be done. My advice is to wait until your Annual Meeting and have a qualified and interested slate of candidates who will do a better job of running your association. Good luck!

Resigning Condo Board Members Creates Quorum Vacuum

D.L. from Fairfield County writes:

Dear Mister Condo,

I live in a 26-unit community. The Bylaws state that 5-people are elected to the board annually. The property manager called the annual meeting to be June 21st however, prior to setting the date, 3-board members resigned, leaving only 2-board members.

How can the property manager call a meeting with only 2-board members approving the date? Also, since there are only two (2) board members, how can the annual meeting take place when there is not a quorum?

Mister Condo replies:

D.L., resigning Board members create a challenge for any association. It puts the burden of maintaining and governing the association on the remaining Board members. Most condo documents allow for interim appointment of Board Members by the remaining Board members so that the association can continue to govern itself until the next scheduled elections. Your Annual Meeting should be open to all unit owners. The two remaining Board members should run the meeting, with one functioning as President of the Board until the elections are held at the Annual Meeting. In a small community like yours, there are only 21 unit owners left to consider for service on the Board, assuming the three that resigned are no longer interested in serving. With such a small pool of potential Board Members, it is quite possible that you will have a vacancy or two on the Board until volunteer leaders come forward. Your existing Board will suffice until then. The alternative is to have an ungoverned association with no authority to pay the bills or make decisions on behalf of the association. That could lead to a very expensive dissolution of the association or a possible court-appointed receiver to handle the business of the association. You don’t want that! My advice would be to encourage other unit owners to serve and for you to consider volunteering to serve to help get your community back on track for good governance. All the best!

Condo Board Makes Parking Rules That Favor Board Members!

S.D. from Fairfield County writes:

Dear Mister Condo,

Our board has set up three classes of owners with respect to parking. 1. Owner that have only one car and a one reserved parking space. 2. garage owners not permitted to used visitors parking at all. 3. Non-garage users with multiple cars that can park any number of cars in visitor’s spots. This third category benefits board members without garages and have multiple cars. A new rule was passed by the board that garage owner must park their car in their garage only and cannot use visitor’s spots at any time. But multiple car owners and park 4 cars in visitor’s spots. This of course harms all owners that have lost their visitor spots. What recourse do owners have to make these rules more equitable?

Mister Condo replies:

S.D., when a Board behaves in a manner contradictory to the wishes of the majority of unit owners, they are usually tossed out of office. This can be done at the Annual Meeting or, if enough people are upset with their decision on parking, via a recall. Or, if a majority of unit owners are OK with how the Board has divvied up the parking, things can continue as they are. The Board does control the parking lots and the rules for their use. However, the Board does not have unchecked authority. The authority ultimately lies with the unit owners and who they elect to represent them. Enforcing parking rules is one thing. Creating rules that favor the Board members is quite another. I would not hesitate to bring this possible abuse of power to as many of your neighbors as possible and start looking for new volunteers to serve on your Board. Good luck!