Ask Atty George: Can A Condo Association Meeting Be Held Without An Actual Meeting?
A client recently asked me whether the Association of Unit Owners must hold a meeting in order to vote either on issues, or on electing or removing directors from office. This is another instance where one has to carefully examine the law (Common Interest Ownership Act (CIOA) as well as the Declaration and Bylaws because the law defers to the Declaration or Bylaws to some extent. 
CIOA contains specific provisions concerning voting without a meeting (CGS 47-252). It allows associations to conduct a vote without a meeting, unless the Declaration or Bylaws prohibits or limits this authority. If an Association conducts a vote without a meeting it must (1) notify the unit owners that the vote will be taken by ballot; and (2) deliver a paper or electronic ballot to every unit owner entitled to vote on the matter that specifies each proposed action or office to be filled and that provides an opportunity to vote for or against the action or the candidate for office.
CIOA also requires that when the Association delivers the ballots, it must also: (1) specify the number of responses needed to meet the quorum requirements; (2) state the percentage of votes necessary to approve each matter other than election of directors; (3) specify the time and date by which a ballot must be delivered to the Association to be counted, which may not be fewer than three days after the date the Association delivers the ballot; and (4) describe the time, date, and manner by which unit owners who want to deliver information to all unit owners regarding the subject of the vote may do so(CGS 47-252).
Once a ballot has been delivered to the Association, it is not revoked by death, or disability, or attempted revocation by the person that cast that vote unless the Declaration or Bylaws provide otherwise.
Finally, the approval by ballot without a meeting is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action taken by ballot. In other words if the issue voting on requires a quorum of those holding at least 50% of the votes in the condominium, the ballots cast must exceed 50% of the voting power for the vote to be binding.
Attorney George Coppolo of Hartford is a member of the Connecticut Condo Owners Coalition’s board of advisers.
Can someone recommend a forensic auditor?
I know one in Manhattan if you still need one.
The Board of Directors of our Campground Association decided to charge for the electric common charge as a function of how much electricity a unit owner uses each month. This is contrary to our declaration. The BOD also does not have the authority to amend the declaration. This is a clear violation of our governing documents. Is there a precedent for a unit owner to take their case to a small claims court?
I have asked condo board to move my designated parking space for 3 yrs. when I first moved in I was never to my spot was under a tree and my car would be damaged by bird droppings every day I have requested to be moved and all I get are threats if $50 fines I am allotted 2 spots my designated and a visiter why can’t I park in my visitor? Prior To my moving in my neighbor switched spots w/ my spot because of the bird droppings Why do they switch for her and not me? Can it be because I am a renter? I pay $1400 @ month and my car is just as valuable as anyone else aren’t they responsible for the trees and shrubs in the common area? Do I need a lawyer? I saw law # 718.111 for condo owners in Florida the sap from tree ruined a condo owners car and they were responsible
PLease help!
Dear Attorney Coppolo,
I am the treasurer for Sea Scape Assoc in East Haven, Ct. For many years, we have always had two signatures (manager and myself) on checks. Checks and invoice were dropped off or US Mail to me. I would then sign and mail unless I had questions on the invoice payment. Our new management company pays all invoices on-line. I do not get invoices to verify the amount and what it is for. I have bank on-line access, but it is quite impossible to verify a check without an invoice. Should I be receiving copies of all invoices?
this is George Gombossy
I would