G.P. from New Jersey writes:
Dear Mister Condo,
Can the board of a condo operate without having all of the director positions filled?
Mister Condo replies:
G.P., from a practical standpoint, the association would be unable to do anything without its directors. It is uncommon for an association to not have any positions filled and it is incumbent upon the seated directors to appoint directors for any vacancies that occur. Realistically though, that doesn’t always happen. It could be for a lack of interested volunteers. At these times, the seated directors should look to the association’s governance documents as well as state law on community associations to determine the correct path of action. Can they function without all of the directors’ positions filled? Probably. Should they? Probably not. As a functioning Board, the directors are liable for decisions they make, especially if there is a problem, challenge or lawsuit arising from those decisions. There is a reason that the governing documents call for “X” number of directors and that number should be taken seriously. However, from a practical standpoint, bills must be paid and the property manager and other vendors require direction from the directors so it is quite plausible to think they should function as well as strive to fill any vacancies that exist. Hope that help. Good luck!