D.V. from outside of Connecticut writes:
Dear Mister Condo,
What course of action can one take if the board does not follow bylaws and Master Deed?
Mister Condo replies:
D.V., condo Boards are made up of volunteer members from within the community association. They are elected or appointed to office (to fill vacancies) and are charged with functioning as the will and voice of the association. Some states require training for taking on such a task. Others require nothing more than getting enough votes to hold office. The easiest thing to do when these volunteer leaders don’t perform as they should, is to vote them out of office at the next election cycle. However, in extreme cases of poor performance or malfeasance, it is sometimes necessary to hold recall elections where current members are voted out and new members are voted in. This requires close adherence to your association documents and state law to pull off and is generally saved for the worst of scenarios. There is also the legal option of filing a lawsuit against the Board. Again, this is challenging because of the potential expense to the community to defend against the suit and the cost of brining the actual suit. My advice is to evaluate the damage the community may be experiencing because of the Board’s performance. If it can wait until the next election cycle, start rounding up better volunteers who are willing to serve. If it can’t wait until then, consult with an attorney to see if a lawsuit or recall are in order. Either way, always be sure to elect the best-intentioned folks to your Board. It is an important job and has real world implications for those that accept. Good luck!