West Haven Condo Property Manager’s Attempt To Replace The Board Of Directors Fails
In one of the more unusual legal maneuvers, a West Haven property manager attempted to set up a condo owners’ meeting in a last ditch effort to save its contract with the Mallard Brook Owners Association.
Despite the fact that only board of directors have a right to call association meetings in Connecticut, Fischer Realtors, the management company, asked the 158 unit owners to attend a meeting tonight where it had hoped to discuss its contract, which board members have decided to cancel at the end of this year. There are allegations that the management company had hoped to vote in its own board at the meeting.
The attempt failed quickly as a lawyer for the condo association last night got an injunction from a Superior Court judge blocking the meeting.
“We did it hastily,” Robert Fischer conceded today in a telephone interview.
“There is a long story,” he said, declining to go into details, other than to say that his firm had been the property manager for four years and believed that he had done a good job.
Fischer said there was no meeting scheduled by the board for the rest of the year so he wanted to have an opportunity to address the association.
“My intention was to put it in front of the unit owners,” he said.
But according to a legal action brought by William Gallagher, New Haven attorney for the association, Fischer had a lot more planned.
“The attempt by defendant Fischer Realtors, Inc. to usurp the authority of Mallard Brook Condominium Association’s board, and insert its own board, is without legal basis and is nothing more than a power grab to retain its role as managing agent of the condominium association,” says the suit.
The Dec. 3 notice “purporting to be a notice of annual meeting” included electing members to the board and the selection of a president.
The suit seeks compensatory damages as well as legal costs.