President of Board

Started by GaryR6 • 4 replies • 1234 views

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GaryR6 (Connecticut)
Posts: 33

Posted:

Would like some advice regarding the actions of the president of the condo association that I reside in. I am the owner of five units in this complex. The community appears to be loosing the good appearance that it once had. Because of this, myself and other unit owners have sent the president restricted certified letters requesting the copying and reveiwing of certian financial and contractual documents. This president is ignoring the restricted certified letters and has not signed at this time. The Connecticut Common Interest Ownership Act entitlies the unit owners the legal right to make the above requests.We are being ignored and feel that this individual should be held accountable. Can anyone advise us on futher actions----our condo attorney is also ignoring our request because she is making money in this community on her legal fees for late payments and foreclosures against the unit owners.

Thanks
Gary

TimB4 (Tennessee)
Posts: 21,047

Posted:

Gary,

Send the letter to the registered agent via certified mail.
If you still do not get a response within 2 weeks then your only other option would be to seek a court order to see the records (which you should win).

Questions: With only 5 units and a typical Board being composed of 3 directors, how is this all the President's responsibility? What about the other two Directors? Have you tried to do a recall election or, at least, remove the individual from the Board by not re-electing them?

With only 5 units, along with your posting that the attorney is dealing with late payments and foreclosures, is it possible that there is only enough money to pay for the basic services and not for minor maintenance? Typically the only income is from the membership. If everyone isn't paying, then others need to make up the difference or services need to be cut and/or maintenance delayed. Even if the attorney is "making money" on late payments, the initial payment for the legal services must be paid by the Association. If the property goes into foreclosure, the Association might not receive any of the back dues, legal fees or court costs. This also has to be recouped by the members who are paying.

When was your last Reserve Study to show how much money needs to be set aside to cover future expected repairs, maintenance and replacement of capital components (roofs, signs, sidewalks, etc.)? Are your Reserves healthy? If not, this can cause lenders to shy away from making a loan to potential buyers (as they could be worried about potential special assessments causing the buyer to miss mortgage payments).

If your not already doing it, you might want to consider serving on your Board so your concerns can be addressed from within.

Tim

GaryR6 (Connecticut)
Posts: 33

Posted:

Hello Tim:

I am sorry their are 228 units in the complex--I own five of these units. The president refuses to allow anyone to review these documents.

The association's attorney works with this president in attempts on foreclosures---meaning the attorney is making out well on her legal fees----

Have you attempted a court order?

thanks
Gary

SusanW1 (Michigan)
Posts: 5,202

Posted:

Have you ever attended an annual meeting? or even a board meeting?

Financial reports are given at each meeting.

The Annual Budget had to have been approved, either by the membership or by the board. Get a copy of that and see how much is being spent on "appearances" - ie. landscape, maintenance, repairs, painting, etc.

You are blaming ONE person for the overseeing of a large operation.

Also, I don't believe you are asking for the right information to fit your concern.

GaryR6 (Connecticut)
Posts: 33

Posted:

Hello Susan:

I have attended several board meetings---our association had monthly meetings up till this president did away with them.

Our bylaws permit 9 board members to be on the board--only a few participate in the matters of the community---

We have conducted two special meetings, was locked out of our board room by this "president", voted in a new board and had another attorney send her a legal document to turn-over the keys, phones, and documents and to no avail---we are now in the courts---myself and several other unit owners have recently sent her restricted certified letters in order to make copies to verify her acts. She is not signing for these letters---e-mails were also sent---we are going to wait a little longer and then file a court order because of her failure according to our statutory right to inspect official records. She is in control of these records and is directly and knowingly denying us access to the reocrds for inspection.

Thanks you
Gary

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