Q I believe that our condo association president has turned into an aggressive
dictator. Does he or she have the legal right to ask our secretary to remove
discussions and motions from the minutes without cause and refuse to hear other
board members’ concerns or make a motion to vote. There is nothing in the bylaws stating that,
and the co-owners now want to know what is the board hiding? Several co-owners sent the president a letter asking for an explanation of their
decisions but the president refuses to disclose the reasoning. What rights do
the other board members and co-owners have to get this overturned?
—Concerned in a Condo
A “The conduct of condominium association board meetings is controlled by the
bylaws,” says attorney Philip C. Wysor of the Beverly, Mass.-based law firm Glovsky & Glovsky, LLC. “Sometimes bylaws do not provide a lot of guidance and will say things like “meetings shall be conducted according to such rules as may be established by the
board.” Conducting meetings pursuant to Robert’s Rules of Order is a generally accepted method followed by many condo
associations. An agenda should be prepared and circulated to all owners in
advance of the meeting, and it should be adhered to by the president. Neither
he (nor any other officer or participant) has the right to interrupt the
proceedings, cut off discussion or make arbitrary rulings. Any matter that
comes before the board for a vote should be presented by appropriate motion,
seconded, discussed and then voted. Votes can be by show of hands, ballot or
voice vote. Those submitting motions for consideration should be aware of the
majority required for passage. Careful counts should be made and the results
announced immediately. Someone should be authorized to take careful minutes, and the minutes of prior
meetings should always be circulated for errors and voted to be accepted at the
next meeting.
“Most condominium bylaws also contain provisions to remove board members and officers. If such a motion is presented to a meeting of owners and a quorum is present, the vote may be taken and the results should be binding upon the association. Many bylaws also contain provisions for mandatory arbitration of disputes if a deadlock persists.
“If the bylaws are inadequate to satisfy the wishes of the owners, there are steps that can be taken to amend them. This generally requires a vote of 66% or even 75% of the ownership interest and can only be accomplished by following the rules for amendment spelled out in the bylaws.”
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