Question: I'm a frustrated condo owner in a small association. Our board seems to be doing a responsible job of trying to maintain our complex by performing due diligence on repairs and getting majority approval of the funding. Yet because one person continually demands meetings and documents from the board, repairs have not moved forward, and our building continues to deteriorate. What can someone like me, who is part of the majority, legally do to demand that maintenance be performed? Please don't tell me to quit my job and devote myself full time to this project or hire an attorney.
Answer: The law makes boards responsible for the management of common areas and to repair, replace and maintain that common property. But there is more to a board's job than "performing due diligence on repairs" and "doing a responsible job of trying to maintain" a complex.
In keeping with the care and caution expected of the board, it must ensure accountability for association funds and that repairs are neither frivolous nor benefit a single titleholder to the exclusion of the others.
Part of the board's fiduciary obligation is to make properly reasoned and transparent decisions and act on them, address owner concerns and follow the law. Blaming one individual for the board's inability to take action is an argument with no legal basis.