By: Aaron Swimmer, Esq.

A condominium’s board of directors is a miniature government. The board members are elected by the owners to run the association and manage condominium property, which the board may do directly or by hiring a manager. Condo owners also rely on the board to resolve community problems and issues.

The condo board must carry out its duties in accordance with state law and the governing documents of the condo association. The directors are also responsible for enforcing the condominium rules and doing so uniformly and fairly, including obeying the same rules themselves. This responsibility requires the board to review complaints, decide if the rules have been violated, and take action necessary to correct the situation. If it becomes necessary to change or revise the rules, that is also the board’s responsibility. Beyond the requirements specifically written into the law and the governing documents, directors are obligated to act in their official capacity in the best interests of the association.

The board also has the job of maintaining the common areas, the building’s exterior, the hallways and amenities such as the gym, pool or tennis court. The board must arrange for regular inspections and maintenance and, make repairs when they become necessary. In some cases, the board may put projects out to bid, in which case the directors must review the bids and pick the best one. Many associations hire a manager to deal with such issues, but the ultimate legal responsibility is with the board.

The board of directors also has ultimate responsibility in handling the condo association’s money. This would include the creation of the annual budget and setting the owners’ annual maintenance fees to pay for services, operations, administration and repairs, while maintaining a reserve for emergencies. Finally, the board must take action against owners who refuse to pay their association fees; if an owner withholds payment, the Board has an obligation to the other association members to do whatever is necessary to collect the funds.
Serving on your condominium board can be a very rewarding experience but along with that comes certain duties and responsibilities. We at Swimmer Law Associates, P.A., are experienced in this area of the law. Please feel free to contact us with your special needs.