Condo Association Management Blog

Hi, I am not a professional but a unit owner like yourself. We have been having difficulty with our Board and management here in NJ. First, you can get a copy of your by-laws from the county or state municipal. It's not that difficult but will require a trip to that location. You are supposed to have access to these documents. Then look up on line about your state condo laws, which I think superced even your condo by-laws. You are entitled to see all financial records but payroll. Then put this guy on notice that you are going to contact the state and request a disput resolution, which you are entitled to, if he does not start complying with the laws. Another good way to go is to contact other associations and property managers of other communities in your area. They will have info for you. Good Luck, K.

The most important part of that reply is that you know that current condo law supercedes your bylaws. We learned the hard way on this in Florida. the bylaws are not always the way it is.

I would first obain your documents to see the structure of the organization as intended. Your membership should be electing the directors, with the exception of communities under development that have not yet transferred control. To transfer control, there are benchmarks that need to be met that are uauslly in the documents. 
 
While your state law would supersede your documents, newer documents should be mostly in compliance. If the Association is not in compliance, offer the "President" the chance to become compliant. Put it in writing. Ask for a response within 10-15 days and a timetable for compliance. If you are ignored, he/they refuse to comply or take no action, I would encourage you to gather as many homeowners as you can and approach legal counsel. The attorney will need to be paid, but if successful your group can most likely be reimbursed your costs out of the common fund, as it is in the Association's interest you are working.  
 
Good luck!

I would love to know which State Dept to contact regarding DISPUTE RESOLUTION????? I am in IL!!!!!

Board members are elected by the "majority". First you need to determine how many units are in the condominium association, and how many units each majority owner has to see whether or not the other owners could even recall or out vote the current board.  
 
If you add these 2 owners together and use 15 + 7 = 22. If you only have 30 units, then only 7 possible members could vote against the current board you wish to remove. If you have 30 units, and even if you have 40 units and the owners have 15 + 7, that's still 22, you still have less than majority and you're fighting a losing battle unless of course they have intentionally wronged the association in some way and are able to be removed under the law and therefore not eligible to serve. Probably not the answer you were looking for, but that is why as condominium purchasers we must be diligent in our research before we purchase.