S.U. from Hartford County, Connecticut writes:
Dear Mister Condo,
Can a non-unit owner serve on the board? Does CT condo law allow condo’s OCCUPANT/TENANT, who is not a unit owner, to serve on the board? Association’s Bylaw states that board shall consist of five persons, majority of whom, shall be unit owners. Bylaw further clarifies that if any unit is owned by a partnership, LLC, or corporation, any partner, member or officer, or employee of THAT unit owner shall be eligible to serve as a director and shall be deemed to be a unit owner, and to serve on the board.
None of condo units at our association are owned by partnership, LLC, etc.
Mister Condo replies:
S.U., from what you have told me, your association appears to allow non-unit owners to serve on your Board. As long as a majority of the Board members are owners, it would appear that the balance can be filled by just about anyone. Without seeing the full details of who is eligible to serve on the Board, I don’t see where anyone (even someone not living in the association) can be disqualified from service based on that description. It might make sense for the Board to consult with their attorney on this matter and to see if it makes sense to modify the by-law to preclude non-unit owning entities from serving on the Board. In my opinion, a renter has no business serving on the Board as they don’t have the same ownership interests or any stake in the long-term financial well-being of the association. They may be doing a fine job on the Board but they just don’t have the same skin in the game of an owner. Have the Board get a legal opinion and act accordingly. Good luck!