E.S. from Lee County, Florida writes:
Dear Mister Condo,
We’ve had 3 members electing not to run for another term, thus leaving us 1 short of the required minimum needed to operate the Board. Can our association management company fill in the void until we recruit at least one new member?
Mister Condo replies:
E.S., unless your by-laws allow it, I cannot see any reason to fill a Board vacancy with anyone who is not a member of the association. Appointing someone from your management company is a bad idea if for no other reason than the management company is employed by the Board. This would be a clear conflict of interest and should be avoided at all costs. Typically, the Board is empowered to appoint directors from within the association to fill vacancies. If no volunteers can be found, the Board would operate at a deficit until the next elections.
4 thoughts on “Condo Board Wants to Appoint Manager to Fill Board Vacancy”
Bob and I seldom disagree, but I see a value in making the manager a member of the board, albeit with restrictions. If the manager has proven to be a good resource for the community and they have good experience then having them on the board makes a lot of sense. As a matter of fact I think this should be the norm not the exception.
Managers are supposed to know the industry and if they are utilized properly then they can help direct the board. Who do you have on your board that is truly helpful? On my board of directors I have a bunch of difficult people who have no regard for the governing documents or state statutes. If a licensed manager were on the board then breaking the rules may endanger their license.
You pay for experience and knowledge then why not use it? The restrictions should affect the managers ability to vote on the management contract and the compensation they receive. Certain matters should cause them to recuse themselves from voting. Other than that I think its a good idea.
Mitch, respectfully, I am going to maintain my original answer although I certainly concede your point. A manager is a paid resource of the association. The Board gets all of the benefits you mentioned without giving up the sovereignty of the vote. The manager is not a shareholder in the corporation. That is where the ability to vote comes from. Certainly, the Board should take full advantage of all the experience and wisdom that the Property Manager offers but it should reserve the position on the Board for a qualified community member, in my opinion. Thanks, Mitch!
First: Only the reliable property management co. is the best choice,
with their professional knowledge, is much better then unknowledgeable and
corrupt the board member destroy the condo business from one to the other,
besides, they still have to work with the member but not fully control.
Thanks, E.W.! I don’t think this Board is concerned with an unknowledgeable property manager. In fact, just the opposite! They think so highly of the Property Manager that they wish to grant them a seat on the Board, which I disagree with. What do you think?