Ask George: Can A Board President Prevent Individual Board Members From Meeting With Auditor?
Hi George
I am a board member in a large condo development. Recently, our village was notified of an assessment. The figures being used to justify the assessment are vague and confusing, and are sometimes not the same in every correspondence.
I took it upon myself to call the auditor and set up an appointment for clarification. He said he would meet and a time was set. He then left a message that he was cancelling the meeting because the President of the board and the executive manager of our condo said he was not to meet with any unit owners to discuss the situation.
I am a unit owner, but a board member.
Do I have the right to speak to him as a board member by virtue of Connecticut law? Does the board president have the right to speak for the board without discussing it with said board? My intent upon speaking with him was to get answers for the many people in my district whom I am responsible to, who have been asking me questions that I cannot answer without proper documentation.
If I have the right to access to the auditor what action can I take to show the board president and others, to stop their forbidding of same? I await your reply. Thank You
The state statutes are silent on this issue.
I can see your desire to talk to the auditor but I can also see the president’s desire not to rack up bills from the auditors by having individual board members meet individually with the auditor.
My suggestion is that you ask other board members to have a board meeting to meet with the auditor.
Is there an audit committee and does it have a charter? Best board practices include having an audit committee with individuals who are considered financially fluent and “independent.” Further, audit committees usually can seek guidance from auditors without board approval.
If the numbers are inconsistent and you have questions as a board member, you should review the bylaws and determine how to call a special meeting (if warranted) and solicit board member support.
If the board leadership is not forthcoming and transparent with the board, there is an obvious problem.
My son recently became president of his condominium association on April 1 and found that the condominium is in bad financial shape. Over 50% of the owners are delinquent with their common charges and there are water and sewer liens on the property. A special assessment for a loan will be ending, but the bank will still be owed money due to “robbing Peter to pay Paul,” and not making all of the payments to the bank. At the Annual Meeting on April 1, the owners present would not agree to a special assessment or common charge increase to keep the condominium afloat.
The property manager has put some of the delinquent owners into collection with an attorney. By the time the condominium goes through a foreclosure process two years will be lost, and all they will get is a lien on the unit.
Question One:
Can a condominium association take a unit owner to small claims court, or civil court to sue for unpaid bills like any other creditor? The judge will probably issue a nominal order of $35.00 a week, which will most likely not be paid. Then, the condominium association could request a judgement, file it on the land records then go for a wage execution and hopefully get paid. Can it be done this way, and is the condominium association usually successful in getting paid?
Question Two:
Can a unit owner who rents his unit be forced to pay delinquent common charges by taking the unit owner/landlord to court to request the condominium’s property manager to become a “receiver of rents” until the back common charges are paid? There is a law in N. Y. State that my son found on-line: “Real Property Law Section 399-aa.” I presume that the same exists in Connecticut, but it did not come up in his search.
I am not a lawyer but I have never heard of a condo association going to small claims court to collect overdue fees. The normal place would be in Superior Court.
ATT George. If I send a letter to the board dose managemet have the right open it .and respond to it.
Or only if its registered mail
Yes they can do anything the board asks them to.