I am a unit owner in a condominium. The board of managers should consist of 5 members, but for the last five or more
years, there have only been 2 people serving on the board. These two make all the decisions for the entire condo. Since a majority vote of
the required 5-member board would be 3, are their actions actually legal? I read somewhere that at least 1/3 of the board is supposed to stand for
election or re-election every year. The board claims that there aren't enough
unit owners present or available by proxy for a quorum to hold a vote, and they
continue year after year. They make no effort to encourage people to vote or to be present for election.
What should we do and is this legal?
—Concerned in Cicero
“The operating documents are the controlling authority and will set out the
number of directors and their powers and duties,” according to Sima Kirsch or the Law Office of Sima L. Kirsch, Attorneys at Law.
“The concern about lack of participation is a common situation. Would a court
sanction what a board such as yours is doing? Probably not.
“However, there is no easy remedy. If an owner is not happy with the board, there
are three choices: follow the procedure set out in the operating documents to
bring an issue before the board; fill the third spot; or court intervention. If
the owner chooses to resolve this issue through legal channels, the court will
look to see if the available remedies provided in their declaration have been
exhausted. If not, this may color a court’s decision.
“If the court finds the board to be acting without authority and no one else
steps up, the court may appoint a receiver/manager to run the association or
order the association dissolved. As always, without having the benefit of
reading your documents, this is a global answer to your questions. In addition,
this information is not provided as legal advice and you should consult an
attorney in the field who can help you assess your particular factual