Board Condominium Governance Legal

Condo Governing Documents Violated – Who Can Testify?


A.B. from Hartford County writes:

Dear Mister Condo,

Can witnesses be called to testify in a hearing relative to violations of governing documents?

Mister Condo replies:

A.B., if by “hearing” you mean a hearing before the Board, witnesses may be requested to either appeal or submit testimony for the Board’s consideration. If by “hearing” you mean a lawsuit involving the courts, then whatever rules of trial are in place at the court are the rules to be followed. These rules may include testimony from association members, Board members, or their attorneys if they have chosen to be represented. I checked with an attorney friend of mine just to be sure. Here’s the reply: “Yes.  In a court hearing, any party can call any person to testify about whatever information they may have about the issues in the case.”

There is also a wide range of violations of governing documents which vary greatly in severity. If someone forgot to call for a vote before adjourning a meeting and no harm was done, there would not likely be an actionable complaint. On the other hand, if a Board member did something as heinous as stealing money from the association, you can bet there will be a trial and witnesses will be called. I hope whatever is wrong in your community is fixed soon.

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