Q&A: Board Makes Its Own Rules

Q. We have a serious situation at our condominium. It seems that we have a condo board which apparently ignores, breaks, and applies bylaws inconsistently. They also make up bylaws, have not monitored our insurance policies for at least two years and counting, have not taken action on a couple of safety issues, namely, unsafe front steps that have caused some trip and fall accidents, and more.  

Our condo is small, only 12 units with four members on the board. Three are incumbent board members and we have one new member, who is eager to learn and research all the issues of his new position. Furthermore, two of these board members seem to be very rude, dismissive, and accusatory in writing to me and to others. I have looked in our bylaws—we have two sets—one that is filed with Monmouth County and another one that apparently was never filed anywhere. This too has been an issue as long as I've lived here and no board has taken charge of reviewing and filing updated bylaws. There are only a few differences between them, so it does not have much bearing on the board's behavior towards following them or not.

I don't believe there's anything in the bylaws that says that if the board breaks the bylaws, etc., that they must be dismissed, although to me it seems clear that this should be the case, as it would be if any official that broke laws or bylaws. 

The question is: what can we do with a board which is behaving badly and does not listen or correct themselves after we bring up these issues to them?  Is there a recall provision in New Jersey and do we need a 2/3 vote to get them out, as is required for our other votes?

                                      —Recall Ready


Related Articles

Q&A: Saving Our Super’s Job

Q&A: Saving Our Super’s Job

Q&A: The Legality of Surveillance

Q&A: The Legality of Surveillance

Q&A: When the HOA Is Not Doing Its Duty

Q&A: When the HOA Is Not Doing Its Duty

Harassment Issues

How Far Is Too Far?

Dealing With Coronavirus Exposure

Board Powers & Limitations

Fines and Penalties

Using Them Fairly and Effectively