V.L. from Westchester County, New York writes:
Dear Mister Condo,
We are 10 owners of a 12-unit condo in a converted schoolhouse. Out of the 10 owners, 5 owners are Board members on a self-managed Board. I am one of 5 non-Board member owners who would like to know what impact, if any, would arise from us putting our common charges in escrow until capital improvement proposals are put in place in the form of a one-time assessment. The “self-managed ” Board is incompetent, do nothing according to the By-Laws, will not communicate with unit owners, possibly fraudulent and self-serving. Thank you.
Mister Condo replies:
V.L., I am afraid you will not like my answer. Common charges are due and payable to the association. No ifs, ands, or buts. You cannot escrow them or withhold them in any way without risking the association acting against any and all unit owners who withhold common fees, even for the purpose you describe. As for the claimed incompetency of the Board, your documents have protocols for removing the Board. Of course, if a small association such as yours, that isn’t too likely to happen. It would be better to either work with the Board in solving the problems of the association or to elect new Board members as the elections come up each year. I am confident that, over time, you will regain the fiscal ground that has been lost under this current Board. All the best!