Condo Association Management Blog

What you are saying doesn't add up. 
- If there was no quorum elections couldn't take place. An election meeting cannot be conducted if there is quorum 
- Membership doesn't vote for officers (secretary, treasurer, etc.) They vote for board members, and board members decide who will fill what position 
- You say that the secretary gives checks to the property manager. First of all this is a job for a treasurer, not a secretary. Also this is your board's problem, not your manager. You as a board can decide on a process that works for you. Your manager will have no choice to accept it. 
- It is very common for managers to run elections because they simply know what they are doing, or least suppose to. 
- I am not familiar with NJ laws, but in CA all elections must be done by a secret ballot. Depending on your state laws your manager might have been right about not letting your vote from the floor. 
- Meeting minutes must be kept for all meetings even if there is not quorum. In that case they are very short. The only motion that can pass is a motion to adjourn. No other business can be decided or discussed when there is quorum. 
- You have control on what vendors your manager uses. Often management companies will use 'their own' crews for convenience and reliability, but you can definitely require that your vendors called first. 
 
Seems like you need help with your board operations, not with your manager.

Where in NJ do you live? I'm also from NJ.

Rather confused pictuyre you p[resent. At best y6our Board is not performing it's giduciary dities if they allow the properrty mnanager to ruun the showl The manager is hired by the board, is responsible to the board and the board can fire at will. Download a copy of your NJ State Condominium Act. Read the pertinent portions and then re-read your bylaws and you'll see your solution. A good lawyer would also seem to be in order to get you straightened out

Please get in touch with the Department of Community Affairs in Trenton and tell them about this before this unethical man gets his way and does remove you as it has been done in our condo where the corrupt president remove an honest person and put his corrupt friend back on the board who was voted off by a landslide.  
 
I also live in N.J. and we voted out a corrupt president who replaced items on some condos that didn't need to be replaced but done just for those involved to profit from the job and that job ruined the condos involved. This was able to be pulled off because the property manager is married to the owner of the management company so the changes were made easily to our bill. The contractor charged one amount which he told us about and the management company billed our association $17,000 more than the price the contractor charged. The contractor was not aware that the management company was going to inflate the cost and he told us what he charged. Because the new board members are not man enough to looks over the past corruption done and think the corrupt board members still on the board are right when they told the new members not to be involved with the past, our condo will continue to go down hill until real honest members are elected who check out things and not believe people who are the ones who have done corrupt things.  
 
Please make sure you contact the Dept. of Community Affairs as that is the department who handles condos.  
 
Best of luck to you.

I believe Jeff is correct. First find your bylaws. 2nd bring up your State Statutes for Condominiums or common interests and run off. Now follow them. As it is being stated I don't see where you even have a board. The owners of the units form the Home Owners Association and your bylaws will state the quorum and majority needed for votes. They will state how many Board of Directors you should have and how the officers are voted for. They usually will state what rights the property management company will even have. Find out how it is being run, get other owners to take action with you and in our case we hired an attorney when they would not allow our rights and in the end the Association picked up those fees as the rest of the owners were shocked as what was going on and the monies that have been saved since that action. We ousted and took over. The longer the delay the worse it gets.

You need to review your documents ASAP. They will will state the officers required for your Association. I would also review NJ State law regarding Associations and the contract you have for the Property management company. When is it due to end? If you are not happy find another company, remember they work for you, most state laws give the board the authority to hire and fire the management company! As a board member I would send them a notice and inform them they are to send all board members the following: All minutes from previous board meetings. Monthly financial reports showing all operating expenses as well as funds in reserve accounts. Copies of all invoices paid must match the expense report. Confirm they are paying bills in a timely manner especially common utilities, insurance and taxes. 
 
I find it strange that the term for a Board member is 5 years, and that your CCR's allow an owner to operate a business out of their unit and it seems like the property manager being an owner is also a conflict of interest.

Property managers take charge only when the Board allows it. So why is your Board not stepping up to the plate and keeping the managing agent in line?

I am president of my condo assoc and located in New Jersey. If I am following you correctly, what has transpired is illegal. There MUST be a quorum. Voting is neither secret nor counted by the Board. And owners are allowed to vote at the annual election meeting. Residents(other than were on the ballot) verify and count the votes. And the records must be kept for proof of vote. Remember this is a corp, not a governmental type vote. Also, the president does NOT hold a vote on any issues except to break a tie. ANY ownership connection between a contractor and board member must be made public. And as far as I know, an audit is required by NJ. You need to read your by-laws very carefully. There is a state agency you can complain to, but that takes a lot of time. I can recommend a very good condo lawyer. I get the impression that you are not a large assoc(mine is 500 units). As a board member you have an advantage. You are allowed to see all records and can force the issue. And you can contest any attempt of your president to remove you. You have 3 courses of action. One, go to the state and hope for the best. Two, hire a lawyer and take the president to court. This takes time. Three, you go around and acquire the proxies of all the owners and do your own vote. Have your board members picked out and named on the proxies as it makes it easier. Once you have enough proxies as per your by-laws(following your by-laws is very important)you can walk in with the police in tow and remove the president and the management company. I will guarantee a fight so have a lawyer ready to serve papers. Remember, getting control of the assoc is primary to stop the corruption. Going after those responsible will take far longer. What I am describing is a corp takeover.Corp rules and the laws governing them are NOT the same as a public entity such as a township. Stopping corruption is never easy. And you are fighting for your home. Good luck.

I would contact your state Attorney General office for help. You should also seek the advice of an attorney familiar with your states Association laws.