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Attorney 1
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Category: Real Estate Law
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A person ran to a condominium board, and was elected.

Customer Question

A person ran for election to a condominium board, and was elected. Thereafter, it was discovered that he was not a unit owner - that his wife owned the unit. The question is, can the person with the next highest number of votes at the election take his place, or must there be a new election?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 11 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

Since the governing documents defeat the board member's election, but are silent as to how the matter should be handled thereafter, it only stands to reason that the person with the next highest number of votes becomes the new board member, and no new election is required. This is because the invalid board member's status as a non-owner simply defeats his standing on the board, but does not defeat the entire election.

I hope this information helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please let me know that, as well.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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