Is Your Condo Board Falling Short? Here’s How to Take Over.

Q: The board in my Brooklyn condominium hasn’t held elections in more than four years, and we are worried about the building’s financial management. We’ve sent several emails to board members, who have promised to set a date for the next election. But the management company is seeking candidates to replace one member, who will be chosen by the board at their meeting. This appears to violate the bylaws of our condo, which state that a majority of the owners must be present at the meeting and elect all three board members. We don’t want to put a black mark on our building, but we also want it to be run legally. What recourse do we have?

A: There are ways to compel an election of board members in your condominium.

In the meantime, you could put yourself forward as a candidate to fill the vacancy. If you are elected, you will be granted immediate access to all the building’s financial documents.

It’s possible that the board can select a member to fill a vacancy on an interim basis — most bylaws allow this, said Bruce A. Cholst, a partner who practices real estate law at Herrick. However, it should also call an annual meeting where an election of board members to full terms can be held.

Enlist any other concerned owners and write a group letter to the board, the managing agent and the building attorney, requesting that an annual meeting and election be scheduled. State that the board is in violation of the bylaws because there hasn’t been an election in four years. Cite the relevant bylaws in your letter, and request a response by a certain date.

If the letter does not yield results, you can hire a lawyer to write a letter demanding compliance and threatening legal action. “As always, litigation is the weapon of last resort,” said Debra J. Guzov, who practices real estate law in Manhattan.

You can begin such litigation through an Article 78 proceeding, which occurs when a governing body is not adhering to its own internal documents. But it must be done within four months of the board’s refusal to take action, Ms. Guzov said.

Consider fielding a slate of candidates to take board control, so that you can ensure proper financial management of your building. But either way, unit owners can always review a building’s annual financial statements, which are required under the New York State Condominium Act.

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