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HOA Software
By CondoAssociation.com • September 20, 2017

How best to reign in negligent condominium board?

Over the last few years our condominium association and its board have drifted in practice against the governance dictated in the Master Deed and By-laws documents. We presently have the following deviances against the governing documents

1) Board fails to present budgets 

2) Board consists of only 2 members, 3 are required . Remaining board members failed to appoint a 3rd member. 

3) Board fails to meet for the minimum 2 times per year in executive session, and fails to keep minutes or meeting book 

4) board decided that quit having annual meetings and in the past decided to hold the meetings at a date different than prescribed by the Master Deed. 

5) Board fails to keep a simple ledger of income and expenses and fails to offer any accessibility to these and other financial documents. 

6) The board fails to comply with numerous other state law, master deed and By-law rules. 

It is laissez faire. The pluses are that the condo fees are modest, and the lawn gets mowed.  

The question is at this point is how best to reign in a rogue board and negligent and disinterested membership (12 units).  Is it time to take the nuclear option and try to use the legal system to persuade these slackers to get more in line with state law, and the covenants, restrictions and conditions?

The 12 unit membership has been hostile to the idea that it should abide by the rules, or at least modify the governing documents. They want to run it loosely without any accountability. The notion that the conditions of the governing documents should be applied is met with comments like "We don't need to worry about that, we can run it the way we want it."


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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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