M.M. from Windham County writes:
Dear Mister Condo,
A resident is prone to harassing our contractors for landscaping and snow removal. He is very resentful that he is no longer on the board and sends us lengthy emails about their shortcomings. Years ago, he used to enjoy kickbacks from contractors who no longer work here. He also removes branches, shovels snow and blames us for his hernia. Our manager reminded him that he is not to do work on the common areas, and he is livid. So far, our new board is calm, but he is accusing us of horrible crimes, threatens to expose someone’s DUI arrest and demands to see contracts under CT’s FOI rule. We know FOI does not govern this, but what is the specific law that does govern a privately-held condo association? How do we protect ourselves?
Mister Condo replies:
M.M., it certainly sounds like you have your hands full with this unit owner. The Common Interest Ownership Act is very likely the law that gives him the right to inspect any and all association records, which includes contracts that the association has entered into. I am not an attorney so please accept my advice as friendly and not legal. While the association does need to provide information as requested, it does not need to do so for free. Reasonable fees for preparing and copying the documents can be charged. Again, there are limits so check with your association’s attorney before deciding how much to charge for the record copies. As for protecting yourselves, you simply need to practice good governance and realize that you are officers in a not-for-profit corporation. You are bound by your own governance documents and state law. I always recommend that Board members receive adequate training and in our state, the local Chapter of CAI offers an excellent program called “Condo, Inc.” where Board members can learn the basics of good community governance. In fact, there are three programs offered this next year. You can lean more by clicking the following link: http://www.caict.org/events/event_list.asp?show=&group=&start=10%2F31%2F2017&end=&view=&cid=18225 Good luck!