A.V. from outside of Connecticut writes:
Dear Mister Condo,
How would I write a letter, stating, our condo did not take minutes? Who would I report to?
Mister Condo replies:
A.V., when a condo association does not keep meetings of their minutes, it is as if their meetings never happened. Any decisions or actions taken by the Board in such meetings can be called into question by any unit owner who wishes to do so. This is done by filing suit against the Board at your local court of law. Depending on your state, you may also be able to file a complaint or report to the Secretary of State or the Department of Consumer Affairs. Not all states have a formal bureau to report condominium malpractice but those that do usually allow you to file your complaint for action by the proper authority. Keep in mind that there are no governmental agencies watching over condominium Boards to make sure they are performing properly. By and large, it is up to the individual unit owners to take action when malfeasance occurs. In your case, it the Board is functioning just fine and everyone is happy, it is unlikely a complaint would be made about the lack of Minutes. However, not taking Minutes is a huge mistake for so many reasons. Minutes are the legal record of votes and actions taken by the Board and even the unit owners at the Annual Meeting. Without Minutes to reflect those votes and actions, it would be almost impossible for a Board to defend itself in Court when asked to produce copies of votes and actions. Minutes are a vital part to due process and transparency. Board that seek to serve well should know how important they are. Good luck!