Question:
Dear Sir/Madam,
I am a new condo owner in NYC.
I wanted to do a renovation but my Board told me I needed an architect’s review. They offered me their own architects who charges $ 250 an hour. She sends me 7 page review mostly consists of house rules, she asks a lot of questions, she wants to review everything – construction materials, appliances, scope of work in each and every room, she wants to do 10 visits during the renovation. For the first review alone she claimed 7 hours ($1.750). At the Annual Meeting of the HOA I discovered that the architect is the sister of the Board’s vice president. After that I decided to put my candidacy to become a Board member. I was the only candidate. When the election was over the Board informed me that the quorum was not obtained so they are authorized to have a special meeting and choose whoever when want to. I requested the election results. They refused to provide it stating that because the quorum was not obtained there was no election. Please, advise me on how to proceed. Thanks
– Seva
Answer:
Hi Seva,
The condo board generally cannot force you to use their architect or contractor if it is for renovation work inside your owned unit. However, depending on your governing documents, they might require you to use a licensed architect or contractor. Check your governing documents to make sure.
In addition, they are correct that an election or vote cannot proceed if a quorum is not achieved. If there is no quorum, the votes are invalid. You must reach a quorum first. Check your bylaws to know whether or not the board can appoint board members after a failed election.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
