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My condo association is voting on trustees of our association.

The argument has been made...
My condo association is voting on trustees of our association. The argument has been made that renters can be trustees. I believe this is incorrect as they have no equity in the building and only owners should be in the position to make decisions for the association. Is it true that renters can serve as trustees of a condo association?
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Answered in 3 minutes by:
10/31/2013
GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12,049
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
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Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

What do the condo by-laws state?
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Customer reply replied 4 years ago

The condo laws don't seem to specifically state the requirements for being a trustee. It says the Trust is created as an organization of unit owners. It makes no sense to me that someone without equity could make decisions for someone who has no equity in the building. This is being used to "fix" the election to have all in agreement on changes. So my thought is that if the Trust is an organization of unit owners then how could someone representing it be a non owner. Especially since the people nominating trustees must be owners only.

How about this...What powers are given to condo association?
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Customer reply replied 4 years ago

It states:


Each trustee, with the exception of the orginial trustees and any successor trustees designated by the sponsor shall be a unit owner or his personal designee.


PERSONS TO VOTE AS UNIT OWNERS


Owners of such unit shall determine and designate which one of the owners or other person shall be autorized and entitled to cast votes

ok, the language is clear here. Let me ask, are they making non-unit owners trustees or allowing the trustees that are unit owners to designate non-unit owners as their as a personal designee?
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Customer reply replied 4 years ago

They are allowing both the owners and their non owner girlfriends to be on the ballot which is taking up spaces of other actual owners.

The language you sent me is clear. Non-owners cannot be trustees, however, non-owners can be designated by owners to cast votes for the owner. Unless there is some clause in the by-laws that allows the trustees to override what you just quoted me, they are in breach of their fiduciary duty. You have two options: attempt to remove the offending trustees from the board. To do so, you must follow the procedures in the by-laws that establish how to remove a trustee. The next option is to file a law suit against them for breach of fiduciary duty.

I'm rather baffled as to how they are doing this because you appear correct in your assessment of the issue. Also, you are also correct in the fact that non-owners have no vested interest and will not act in the best interests of the owners since they have nothing to lose. It appears certain members are "loading" the board so that they can dominate and control as they see fit. So you have to be willing to call for their removal and/or file a law suit for breach of fiduciary duty. I hope this helps clarify.

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GeorgetownLawyr
GeorgetownLawyr, Attorney
Category: Estate Law
Satisfied Customers: 12,049
Experience: Experience in Probate matters, including will contests and civil litgation related to estates.
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GeorgetownLawyr
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Category: Estate Law
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Experience: Experience in Probate matters, including will contests and civil litgation related to estates.

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