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!
Condo Board Not Following Master Deed or By-Laws: https://t.co/QPzPHQrQbE
Speak with your neighbors and your property manager. If you have concerns, they may have them as well. Support is key in attempting a recall election because you’ll need a petition signed by members of the community who support the action.
Don’t count out your manager (if you have one). I’ve spent a lot of time over the years battling board members who refuse to follow the documents. I have assisted owners with petitioning for a recall election because I knew that it was in the best interest of the community. If you chose to take this route, build your support system and make sure you have owners in place to run for election against those already in office.
If you find that seeking legal advise is your only option, go to a lawyer that specializes in common interest law. Your states chapter of CAI can assist you with that. And be ready to absorb the expense. Unit owners do not have the right to incur cost on behalf of the association without board approval, and the association will not be required to reimburse you.
Good luck. It’s a rough road to travel, but you can be successful with a solid case and strong system of support backing you.
I have a similar problem, except we don’t have a board. We are a self-managed four-unit association. There is an owner who alters and uses the common areas – exclusively – without first addressing to other owners. Do to “friendships” of the other owners, nothing is said. The house plumbing has been altered, signs and cameras installed to the outside of the building, overtaking the basement areas, etc. It’s not a pleasant situation. I feel for anyone who has problems with their boards.
Renee Bettencourt, I am sorry to hear that. Even 4-unit associations have governance provisions. If the unit owner making the alterations is in violation of those provisions, there are steps you and the other unit owners may wish to take to correct the behavior. You may also wish to contact an attorney who could better advise you of your rights. Good luck!
Thanks, but I’m only one person. At this point my only recourse is to document everything, put it on record at the meetings, and try to protect the association’s and my assets when the time comes. The time will come when an attorney is needed, but I’m trying to avoid that route for now. Thank you for your posts and blog. I’ve found the information very helpful.
Renee Bettencourt Thank you and Good luck.