Topic:
EX-CONVICTS; CONDOMINIUMS;
Location:
CONDOMINIUMS;

OLR Research Report


January 2, 2008

 

2008-R-0007

QUALIFICATIONS OF CONDOMINIUM OFFICERS

By: George Coppolo, Chief Attorney

You asked what recourse a condominium unit owner has when the executive board selects someone to be the treasurer who has several felony convictions on his record. Our office is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

The law gives a condominium unit owners' association, even if unincorporated, the authority to adopt and amend bylaws, rules, and regulations (CGS 47-244(a)). The law requires the bylaws to provide for the qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies. Thus, a unit owner who wants to remove an officer because of his criminal background can attempt to do so by getting the association to vote for bylaws that prohibit someone with a certain criminal history from serving as association treasurer.

Bylaws can be amended at a meeting of association members. The law requires that a meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having 20% or any lower percentage specified in the bylaws, of the votes in the association.

A condominium association's executive board may not act on behalf of the association to elect members of the executive board, or determine the qualifications, powers, and duties, or terms of office of executive board members. But the executive board may fill vacancies in its membership for the unexpired portion of any term.

AUTHORITY OF THE ASSOCIATION'S EXECUTIVE BOARD

The law gives the association's executive broad powers to act on behalf of the association but its powers are not unlimited or unrestricted.

Specifically, the law authorizes the executive board to act in all instances on behalf of the association, except as provided in the declaration, the bylaws, and state law (CGS 47-245(a)).

The executive board may not act on behalf of the association to amend the declaration; terminate the common interest community; elect members of the executive board; or determine the qualifications, powers, and duties, or terms of office of executive board members. But the executive board may fill vacancies in its membership for the unexpired portion of any term (CGS 47-245(b)).

ASSOCIATION BYLAWS

The law requires that the bylaws of a condominium unit owners' association must provide for:

1. the number of members of the executive board and the titles of the officers of the association;

2. election by the executive board of a president, treasurer, secretary and any other officers of the association 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 persons or to a managing agent;

5. which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; and

6. a method for amending the bylaws (CGS 47-248(a)).

Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate (CGS 47-248(b)).

ASSOCIATION MEETINGS

The law requires that a meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having 20%, or any lower percentage specified in the bylaws, of the votes in the association. Not less than 10 or more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws must cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address the unit owner designates. The notice must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or member of the executive board (CGS 47-250).

VOTING AT ASSOCIATION MEETINGS

The law establishes rules that must be followed concerning voting at association meetings (CGS 47-252). These rules include the following:

1. if only one of several owners of a unit is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that unit;

2. if more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise (There is majority agreement if any one of the owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.);

3. votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner;

4. if a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy;

5. a unit owner may revoke a proxy only by actual notice of revocation to the person presiding over a meeting of the association;

6. a proxy is void if it is not dated or purports to be revocable without notice; and

7. a proxy terminates one year after its date, unless it specifies a shorter term.

QUORUM AT ASSOCIATION MEETINGS

Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20% of the votes that may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting (CGS 47-251(a)).

Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50% of the votes on that board are present at the beginning of the meeting (CGS 47-251(b)).

GC:ts