Do Connecticut Condo Owners Have A Right To Inspect Proxy Votes?
There have been horror stories about condo boards destroying proxies or refusing to provide them to dissident unit owners. One condo owners asked this week whether that is legal.
It is NOT. Unit owners have a right – under state statute – to inspect proxies for up to one year after they are tendered.
That is according to who real estate attorneys who are experts in Connecticut Condo laws.
“Proxies are Association records. Unit owners can examine and make copies under Section 47-260(a)(11) of the Statutes. Have to do so within one year after vote,” says Glastonbury attorney Patricia Ayars, a member of the Connecticut Condo Owners Coalition Advisory Board.
Hartford real estate and elder law attorney George M. Coppolo agrees.
Coppolo sites the statute:
Sec. 47-260. Association records. Copies. Fees. (a) An association shall retain the following:
(11) Ballots, proxies and other records related to voting by unit owners for one year after the election, action or vote to which they relate.
Of course there is another side to this issue, some people are afraid of filling out proxies just because they can be made public and seen by all board members.
witholding condo fees is the only action that carrys any weight- — owners must have rights to bring boards up on charges without having to pay for their legal actions— boards have the right to bring owners up on charges and the condo pays the legal fees — why don’t the board members have to pay if they loose a lawsuit???? — it must also be mandatory for every board member to attend 1 education session a year–how else will they know what legislation has been passed???? we had 5 board members who all refused to attend education session????? how are they supposed to know what their responsibilities are????? our boards threw out the vote counts about an hour after an election —-what does that tell you????
our board members should all have been brought up on charges— there must be an OMBUDSMAN— ONLY THEN WILL THERE BE A CHANCE FOR BOARDS TO BE HELD ACCOUNTABLE!!!!!
Unfortunately we do not believe that an Ombudsman is the answer for the following reasons:
Nevada has one and it doesn’t work there. They are months behind, flooded with complaints.
Connecticut doesn’t have the money to fund it.
Condo owners don’t want to pay for it.
Most CCOC members oppose it.
George
Can Board members use proxies for unit owners not present at a meeting? I read somwhere that under CT Non Stock Act Subsection 33 1095(b) that applies to condo also -they are not allowed to. I have been unable to verify that.
Your response will be appreciated.
Anne M. Cormier
As long as the proxies are legitimate, yes.