Condo Association Management Blog

Disgruntled owners should read the documents and by-laws carefully. A second or third reading often clarifies issues.  
--It is very rare for lawyers to lie to owners. I can't imagine it. Property Managers have a primary obligation to the owners, not to the board--the problem lies in the fact that it is the directors who hire them. A property manager must have a strong ego, and must not fear losing his or her job. 
--Lawyers also have a primary obligation to the owners--not to the directors; but because of their professional training lawyers can often be more objective than other employees of the HOA or condo.  
--The time of the meetings may be set in your docs. If the time is not stated then directors have the right to begin meetings whenever they like. --People may not be attending meetings because they are satisfied with the work of the board. Or they may not share your interest in Board matters. --Some owners may not like to hear argumentative owners wasting the time of everyone in the room. So they don't attend.  
--There are many reasons for owners not attending meetings.  
--Does the Board deliberately schedule every meeting on school nights?  

The property manager is an employee of the council of unit owners or is an employee of the management company which supplies his services to the condominium as opart of their contract. In either case the Property manager takes his orders from the Board of Directors and not from the unit owners. He has no responsibil;ity to offer his supervisor (The Board) any advice on policy issues. 
 
Equally if the Condominium employes a lawyer that attorney responds to the Board of Directors and not to uniut owners. Many condo bylaws even contain a provision which prevents unit owners from contacting the condo lawyer. Simple economic fact of life-lauywers bill-even including telephone calls and unrestrained unit owner originated calls to the lawyer will quickly cause financial problems. 
 
As to participation in board meetings-if your board professes to follow Robert's Rules of Procedure you need to become at least minimally proficient in understanding nd using these rules to your advantage. Your board also needs to be trained is use of Robert's Rules. Kacking this knowledge on poth sides of the headn table is crucial to getting the busdimness of the condominium accomplished in minimal time and wityh all parties at the assembly being able to voice their views on any agenda item under discussion.In most stgate's condominium law their is a requirement that all actions to be taken at the meeting be approved by a majority vote of the assembly and that that term assembly includes all resident in the condominium. This means renters may also vote along with the unit owner. Read you state documents to check out your specifics.

Mr.Adams: No matter who hires and who is reported to the Property Manager's and the attorney's primary and ultimate obligation is to the owners.  
-For instance, in the unlikely event that the Board decides that the association will perform an illegal act, the Manager and the attorney must disassociate themselves from the Board and report to the owners. Let's say, for instance, that the Board decides to discriminate against red headed owners, or that the Board decides to dilute the chemicals used in the pool, or that the Board decides to stop getting permits when constructing on the property... Do you really think that the property manager and the attorney should nod their heads and remain silent?

Ethically you may be correct but under the bylaws and your state's condominium act you are wrong. The condo lawyer only has responsibility to to board. He is not a legal resource for unit owners. In fact should uint owners sue the board he will defend that suit,at the expense of the unit owners. The condo lawyers fee for participating in that suit is a common expense and will be paid by the Council of Unit owners. So even if you win your suit you'll pay the condo lawyer. 
 
If you still believe me wrong please cite the authority for your statement about the lawyer and property manager's responsibilities to unit owners.

Mr. Adler is correct. I stand corrected.

I live in Bridgeport, CT and I am the vice president of our condo Board. 
 
 
 
I have applied for the daytime position of doorperson part-time. 
 
 
 
Our Board consists of 5 persons including the president and the president feels that it would be a conflict of intrest if I am a Board member and an employee at the same time being that if the Board has to vote on personnel issues I could not vote. I said I would resign my position on the Board. We rarely vote on personnel issues as there are only 3 desk employees. 
 
 
 
Several unit owners are totally in favor of my remaining on the Board and working at the front desk. They feel it would be an asset to have a Board member who knows all the rules and regulations working at our lobby desk. 
 
 
 
I was told that the Board would vote on my application 
 
 
 
Am I allowed to vote for myself? 
 
Can the president vote? 
 
 
 
If the vote is 2 to 2 being that the 4 remaining members will vote, 
 
what happens then? 
 
 
 
The vote is on 9-26-2010. 
 
 
 
Would appreciate some help and advice. 
 
 
 
Many thanks, 
 
BD

Yo, I you must read your docs. But,to me, it's obvious that an employee should not be a director. I wouldn't allow an owner to be an employee. But, if your Board and Members are willing, then take the job and resign as director. You can't have your cake and eat it too.

Thank you for responding. 
 
 
 
We already have a part-time owner at the front desk who is very capable and the residents like what she does. 
 
 
 
May I vote for myself at the meeting about me being on the Board and working as well? 
 
 
 
After all the president of the United States can vote for himself I think. 
 
 
 
Won't bother you with any more questions and sincerely appreciate your help. 
 
 
 
Many thanks 
 
BD