Increasing the Number of Condo Board Members

R.M. from New Haven County writes:

Dear Mister Condo,

We now have 3 board members. We want to increase it when the developer is finished. Can the board increase its size to 5 members from 3, or does it need a vote from the homeowners?

Mister Condo replies:

R.M., once the developer is gone and the association begins self-governance, there are a different set of rules in play. I asked an attorney who specializes in condominium development law for an opinion. Here’s what the attorney had to offer:

“The answer depends entirely on what your Declaration and Bylaws say about how they can be amended.  The size of a board is usually specified at the beginning of the Bylaws, which older condominiums often require unit owner approval to amend.  Newer condominiums typically allow two-thirds of the board to amend most kinds of bylaws on their own.  Even if your documents will allow the board to increase from 3 to 5 members without a vote of the unit owners, a properly-notice meeting would still be appropriate to solicit their input.”

Sounds like good advice to me, R.M.. Good luck!