Ask George: Who Is the Boss? Management Company Or Board of Directors
As a fellow Condo owner, and member of the CCOC, I hope you will offer your valued opinion.
I sit on the board of my condo as a director. I have taken issue with the management company taking the minutes of our meetings. Somehow this seems a conflict of interest.
The management company representing us, arranges to have someone on their staff type the minutes and provide board members a copy and until recently no one ever saw the originals again.
What is your opinion, or if you will direct me to any other source, on the managements control or involvment with taking the minutes and storing them.
At our last meeting, the secretary was absent and no board member had blank paper so one of the directors took minutes on the back of their agenda packet and now there is a big discussion on getting the papers back to the board member because….the association has to keep the originals.
What are your thoughts?
Dear condo owner:
State statutes are silent on the direct issue, but keep in mind that the management company works for the board and is required to do as the board directs.
The tail does not wag the dog. 🙂
And suggested reading in the Conn. State Statutes:
Sec. 47-248. Bylaws. (a) The bylaws of the association shall: (1) Provide the number of members of the executive board and the titles of the officers of the association; (2) unless otherwise specified in the declaration, provide for election by either the executive board or the unit owners of a president, treasurer, secretary and any other officers of the association the bylaws specify; (3) specify the qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies; (4) specify the powers the executive board or officers may delegate to other persons or to a managing agent; (5) specify the officers who may prepare, execute, certify and record amendments to the declaration on behalf of the association; (6) specify a method for amending the bylaws; (7) contain any provision necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums and other activities of the association; and (8) provide for any matter required by the law of this state other than this chapter, which is not inconsistent with this chapter, to appear in the bylaws of organizations of the same type as the association.
Should a competent property manager on receiving a report of leakage from roof, prior to issuing a work order inspect the property?
Is it the property manager responsibility to inspect but also to follow up the necessary work order by telephone or e mail to see if it was completed
Absolutely on both.
George
HI George,
If condo disputes are allowed in the small claims courts and the Defendant ( which in all likelihood will be the Condo Association or Management Co) is allowed to transfer the case to the regular docket , then the condo owners have gained NOTHING. The whole purpose of using the small claims courts is to make it economically feasible for the unit owners to finance a fight against the board or management company. Do you really believe that the typical association president is not going to call the associations attorney and have the case transferred to the superior court for the small transfer fee? Then, what does a unit owners do? Hire an attorney ? try to act pro se?
Does the laws governing condominium associations also apply to Cooperatives associations?