Q&A: Bad Board

I live in a condo community that is supposed to be represented by its board members and the board attorney but the two seemingly only serve themselves. In researching this board attorney, I am finding that he writes for several newsletters and contributes articles about how communities are supposed to be run, about the job of the board members and what their duties are. He states what's right and what's wrong; yet in the community which he is supposed to be serving, he appears to be doing the complete opposite. The paying members of my community get no budgets, no financials, no accounting for any of the monies and no board meeting minutes. None of the meetings are posted for anyone to see or to attend. So how do you fight against a board and its attorney who know they are 100 percent wrong but don't care and just use owners’ money to sue those members? Where are the people who are supposed to govern these associations? They basically aren't held accountable for anything, and they know it. It's a big free-for-all with the thousands of dollars that they collect from all of us.

—No Accounting in Aventura

“My answer to that reader is to find other members who feel the same way and conduct a recall of the Board of Directors in order to remove that board and put in a board that will properly run the association,” according to Rachel E. Frydman, Esq., a managing member of The Frydman Law Group in Coral Springs. “I have run across many of these associations with this same predicament and the only real way to make sure things are done right is to get on the board and do it yourself. You may find though, in some circumstances, the board was doing the best they could with what they had and it is not an easy job being a board member. But in this circumstance it sounds like a new board needs to be in place.”

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