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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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at our last condo meeting we were voting on electing three

Resolved Question:

at our last condo meeting we were voting on electing three board members. A group
of unit owners bought to the meeting eight voting ballots that the board members
would not allow so their members got re-elected. Is that legal for the board members
to not allow those balots?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

There are two reasons that I can think of whereby the board could prohibit the counting of the ballots.

1. CGS 47-252(c)(6) prohibts any person from voting more than 15% of the association votes via an "undirected proxy" (i.e., a proxy that entitles the person voting to use the ballot to vote according to the person's sole discretion);

2. CGS 47-252(c) also provides generally that the "declaration and bylaws" control the voting process, except where the provisions of CGS 47-252 are required. So, if the declaration and bylaws expressly require that proxies or ballots must be delivered by a particular date and time, prior to an election, and the ballots were actually delivered after that date and time, then the board would be lawfully required to reject those late ballots.

You would have to review the association declaration and bylaws to determine whether or not the proxies were delivered untimely.

Hope this helps.
Customer: replied 1 year ago.


none of those conditions occured. The ballots were delivered the day we were to vote. We thought that in CT the unit owners decided if the votes are to be accepted or not. Not the board members. Someone told us that was the laws that Condo;s have to adhere to under CT Law. Do you know anything about that?


 

Expert:  socrateaser replied 1 year ago.
CT law requires that a condominium association's bylaws must provide for: (1) the number of executive board members and the titles of the association's officers; (2) election by the executive board of an association president, treasurer, secretary and any other officers the bylaws specify; (3) the qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies; (4) which, if any, of its powers the executive board or officers may delegate to other people or to a managing agent; (5) which of its officers may prepare, execute, certify and record amendments to the declaration on the association's behalf ; and (6) a method for amending the bylaws(CGS § 47-248(a)).

Thus, the association bylaws control whether or not votes are accepted or rejected -- not the membership.

Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 33515
Experience: Attorney and Real Estate broker -- Retired (mostly)
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