K.S. from Illinois writes:
Dear Mister Condo,
Our by-laws read 5 elected board members. Our president through the last few years has increased to 9 without approval of the membership. Can this be right?
Mister Condo replies:
K.S., appointing additional Board Members is not likely a “power” that the Board President has. At least, I am not familiar with condo governing documents that allow for the Board to increase in size beyond the stated number of directors. If your documents call for 5 Board members, then that is all there should be. If the by-laws have been revised through a vote of the unit owners to allow for more Board Members than the stated 5, that is a different matter altogether. You also didn’t mention how these new Board members were selected. Did the unit owners vote them all into office? Did the President simply appoint them? Board Members are meant to be democratically elected representatives of the association. They are not meant to be appointees of the President. If you suspect foul play at your association, you may wish to write to the Board and reference the documentation that states only 4 Board members and allow them to explain how 5 became 9. If you aren’t happy with their answer and you feel they are violating the rules of governance, your next step is a lawsuit to force them to comply. However, I would caution you to only do this if you suspect foul play. If the association is running fine and unit owners seem content, you may simply wish to keep an eye on the situation and make sure the 9 Board Members are being democratically elected. Good luck!