D.M. from outside of Connecticut writes:
Dear Mister Condo,
Mister Condo replies:
D.M., condominium documents usually spell out which repairs are the responsibility of the unit owners and which are the responsibility of the association. Board members are not free to use association funds to pay for repairs that are not the responsibility of the association. If these two Board members have chosen to overstep their use of the association’s funds that is generally considered grounds for a recall to remove them from office. Refer to your condominium documents and/or local state law to see how to do this. Generally speaking, adequate notice is given to all unit owners and a special meeting is held to recall the Board members and elect new officers to replace them.
Of course, I would want to know what else they have done and how much of the association’s money has been misappropriated before advising you to do so. If the repairs were minor, perhaps a slap on the wrist and a demand for the unit owners to repay the association may be in order. If the amount in question is large enough, a suit can be brought against the unit owners receiving these repairs so that the association can recover the funds that were used inappropriately. Consult with an attorney if necessary.
Finally, it would appear that these Board members are not adequately serving the needs of the association. It is a volunteer position so rally some better candidates from your membership. Be sure your new folks are educated and understand the vital role they play in protecting the association’s assets. All the best!