Expert Advice When You Need It Most

Is it legal to have 2 of 3 trustees on a committee within a condo association? 0r have a vote to break the law or not?

Asked over 2 years ago - Cambridge, MA

The Trustees seem to want more power by having two trustees on a committee to control aspects of the outside common area. They also seem to want to manipulating the law by asking slanted question to be put to a vote.
a.) Pay a fine to leave trashcans on the sidewalk over the weekend
or
b.) Pay the management company overtime to bring them in.

Flag

Save

Share with:

Attorney answers (1)

Daniel Malis

Reputation Level 12

Answered over 2 years ago. Defective and Dangerous Products Attorney in Cambridge, MA.

Flag

Obviously, to answer this fully, I'd have to consult your specific condominium bylaws and Master Deed, but here's the general answer:

The Trustees can delegate trust management responsibilities to outsiders, so they can certainly delegate to a subcommittee. The trust cannot delegate, however, changing the condominium documents or bylaws; majorities for changing such 'constitutional'-type documents are set forth in your condominium documents.

As to how questions are put to a vote, again, for most management responsibility related questions I would think that a majority would rule; if you can persuade a majority of fellow voters that the questions are unfair and need to be rephrased, you can 'undo' the slant.

Mark as good answer

Add comment