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I was recently elected to my condo's board. Our by-laws state "All members of the Board of Managers shall be owners or mortgagees of units, or, in the case of partnership owners or mortgagees, shall be members or employees of such partnership, or in the case of corporate owners or mortgagees, shall be officers, directors, stockholders or employees of such corporations, or in the case of fiduciary owners or mortgagees shall be the fiduciaries or officers or employees of such fiduciaries.".
It has come to my attention that the current board president is not listed on the deed of a unit in the building. The deed is in her husband's name... and neither of them live in the unit. Also, there was another member on the board, that recently left the board, that was not listed on a unit's deed.
Are decisions made by this board, and contracts signed by the illegitimate president, legally binding?
Thank You
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You're asking questions of a fairly complex legal nature, which can have serious ramifications, as you pointed out. My advise is to bring this situation to the attention of the Co-op's attorney as soon as you can. There may already be board decisions in the records that are affected by the apparent invalid composition of your board.
In a situation like this the only person who should be advising you is your Board attorney.
Good luck!
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