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How our Connecticut condo association voted off its board members

  
  
  
  
  
In March 2011, we voted off three board members. We followed the Connecticut statutes and our bylaws in this process. We gathered a petition with more than 20% of the voters signatures to call the special meeting. We voted them off 74 to 6. The results were sent certified to the remaining board members. The remaining board members along with the three voted off ignored our special meeting and votes. The president who was one voted off is stating the special meeting was not legal. Again, we followed all the legitimate procedures. Now, the attorney we are speaking with states to remove the remainder of the board and to replace the entire board. We again have a petition with more than 20% of the signatures required to call a special meeting to replace the remaining board. We have unit owners willing to be replacements until our regular October voting process takes place. Any feedback would be great.
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We are a Washington state condominium and have voted off Board members. Our Declaration states that in the case of Board members resigning the replacement Board members are appointed by the remaining Board whether or not there is a quorum, but when owners vote Board members off the Board the owners vote the Board members onto the Board and these members serve a full three year term. So, check to see what the term of office is for the replacement Board members. AND GOOD LUCK!!
Posted @ Wednesday, April 13, 2011 10:35 AM by Lynn
I am in Maryland and we have the same provisions that Lynn detailed. Stick to your guns you are on firm legal ground.Yiou might wantn to advise your misinformed board chair that he is acting illegally and could lose his immunity if he persists.
Posted @ Wednesday, April 13, 2011 10:56 AM by Scott
You state that you "followed all the processes". Most documents have a process for calling a meeting. Did you follow that process? Did you properly notify the whole membership, including the board members? 
 
Most documents state how and when notifications must go out. Sometimes, it must be through the Secretary. I would encourage that the group get together and have legal counsel guide you through the process so that you are crossing your t's and dotting your i's. If you have a management company, they take their direction from the board, even if they don't agree or want to do the right thing. The board may have the association's attorney advising them. Many by-laws also give board members who are being voted off a chance to speak, so if you have a meeting without them knowing, you have taken away their rights and it is invalid.  
 
Make sure notice goes to ALL unit owners. You may only need 20% to call a meeting, but you have to make sure you are properly calling the meeting, and there is no indication either way from your post that says you did or didn't. If you did, then it is valid and I would have legal counsel again help you and guide you. You may need resolutions to access information and accounts.
Posted @ Wednesday, April 13, 2011 12:25 PM by Joe Schuirmann
Had similar experiances in NJ. Not a pleasant issue to deal with. Unfortunately it may require legal intervention on behalf of the owners who participated in the voting process to appear in court with an order to show cause to enforce the election process that took place. Start passing out the collection plate to raise for $ to engage counsel and head to court or at the very least, engage counsel to contact the association's counsel to work this out. Court time can be very expensive.
Posted @ Wednesday, April 13, 2011 1:14 PM by Edward S. Frank, cmca, ams, pcam
What is it that makes Board Members want to stay on in spite of opposition of 74-6? It's amazing.It's not even close. Why would they force the issue further than it has already gone? I'd like to hear what they have to say.
Posted @ Thursday, April 14, 2011 12:25 PM by Harry Blumenkrantz
EGO
Posted @ Thursday, April 14, 2011 1:58 PM by c
EGO and it sounds to me like this President may be hiding something that she/he doesn't want to be found out? Like, cooking the books? Spending association money to fix her own unit and surroundings? Just a couple of thoughts...
Posted @ Friday, April 15, 2011 10:32 AM by P
I've to do something similar in CT. Condo is comprised of 4 units. 2 are owned by the builder, who is the principal of the board. Me and my neighbor make 50% ownership. The builder did not pay the insurance premium due to which insurance got cancelled.  
 
What procedure needs to be followed to remove him from the board? Pls. also refer me to your lawyer. I'm looking for a lawyer who has experience in these kinds of issues.
Posted @ Saturday, June 25, 2011 12:16 PM by Raj
Our association in CT is charging us back for repairs being made to the common areas. In other words, we are paying our common charges, they are making repairs,and they are charging us back for the amount of those repairs. Is this not what common charges are for? Now, there are people-in the eyes of the board-who are being considered as being in default on their common charges, and they have begun foreclosure proceedings on these unit owners. Can they do this? It does not state anywhere in our bylaws that they can charge us back. Any help will be greatly appreciated.
Posted @ Monday, April 02, 2012 7:45 AM by Patti
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